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Agenda 04-05-18 t [O N� N' 'k B �r v H y,1 RA CRAAdvisory Board Meeting Thursday,April 5, 2018 -6:30 PM City Commission Chambers Intracoastal Park 2240 N. Federal Highway 561-737-3256 ADVISORYEN 1. Call to Order 2. Invocation 3. Roll Call 4. Agenda Approval A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda 5. Information Only A. Financial Report Period Ending March 31, 2018 6. Public Comment 7. Consent A. Approval of CRAAdvisory Board Meeting Minutes- March 01, 2018 8. Assignments A. Pending Assignments 1. None B. Reports on Pending Assignments 1. None C. New Assignments 1. None 9. CRA Board Items for CRAAdvisory Board Review and Recommendations A. Old Business 1. Consideration of Parameters for an RFP/RFQ for the CRA Owned Property Located at N E 4th and N E 5th Avenues, a/k/a the Cottage District 2. Consideration of Parameters for an RFP/RFQ for Redevelopment for CRA Owned Parcels within the MLK, Jr Boulevard Corridor B. New Business 1. Consideration of Purchase and Sale Agreement for the Properties Located at 211 N E 9th Avenue and N E 11 th Avenue 2. Consideration of Funding of Intersection Improvements Associated with Florida Department of Transportation US 1/Federal Highway Project 3. Discussion and Consideration of Lease Terms for the Property located at 201 N E 9th Avenue 10. Future Agenda Items 11. Adjournment Notice THE CRA SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITHA DISABILITYAN EQUAL OPPORTUNITY TO PARTICIPATE INAND ENJOY THE BENEFITS OF A SERVICE, PROGRAM OR ACTIVITY CONDUCTED BY THE CRA. PLEASE CONTACT THE CRA, (561) 737-3256,AT LEAST 48 HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CRNS WEBSITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDAAFTER IT IS PUBLISHED ON THE CRNS WEBSITE CAN BE OBTAINED FROM THE CRA OFFICE. t 'k [OY �rBN �r � � Y11 RA ADVISORY BOARD ITEM 5.A. INFORMATION ONLY SUBJECT: Financial Report Period Ending March 31, 2018 SUMMARY: Attached is the monthly budget report to the CRA Board representing the revenues and expenses for the preceding month. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan and FY2017-2018 CRA Budget CRA BOARD OPTIONS: Approve the CRA's Financial Report Period Ending March 31, 2018. 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CONSENT SUBJECT: Approval of CRAAdvisory Board Meeting Minutes - March 01, 2018 SUMMARY: See attached minutes. CRAAB RECOMMENDATION: Approved the March 01, 2018 CRAAdvisory Board Minutes ATTACHMENTS: Description D March 01, 2018 CRAAB Minutes MINUTES OF THE CRA ADVISORY BOARD MEETING IN CHAMBERS AT CITY HALL 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA 33435 HELD ON THURSDAY, March 1, 2018, AT 6:30 P.M. PRESENT: Linda Cross, Chair Michael Simon, CRA Executive Director Robert Pollock, Vice Chair (arr. at 7:27 p.m.) Theresa Utterback, Development Services Allen Hendricks Manager Rick Maharajh Bonnie Nicklien, Administrative Services James DeVoursney (arrived at 6:37 p.m.) and Grant Manager, CRA Anthony Barber Thuy Shutt, Assistant Director, CRA Thomas Murphy, Jr. Jamie Opperlee, Prototype, Inc. I. Call to Order The meeting was called to order at 6:31 p.m. II. Roll Call Roll was called, and it was determined a quorum was present. Chair Cross introduced new board member Anthony Barber. III. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Mr. Maharajh pointed out that the Pledge of Allegiance was omitted. The Pledge of Allegiance was then recited. B. Adoption of Agenda Motion made by Mr. Maharajh, seconded by Mr. Hendricks, to adopt the agenda as corrected. In a voice vote, the motion passed unanimously (5-0), with Dr. DeVoursney and Vice Chair Pollock not yet arrived. IV. Information Only A. Financial Report Period Ended January 31, 2018 Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 B. Financial Report Period Ended February 28, 2018 Mr. Hendricks thanked staff for preparing the reports. Mr. Simon reported that the audit was presented to the CRA Board, and for the ninth consecutive year they are "finding free." It has been sent to the State. V. Public Comment - None VI. Consent A. Approval of CRAAdvisory Board Minutes - January 4, 2018 Motion made by Mr. Maharajh, seconded by Mr. Murphy, to approve the Consent Agenda as presented. In a voice vote, the motion passed unanimously (5-0), with Dr. DeVoursney and Vice Chair Pollock not yet arrived. VII. Assignments A. Pending Assignments - None B. Reports on Pending assignments - None C. New Assignments from February 13, 2018 CRA Board Meeting: 1. Consideration of Pathways to Prosperity's Grant Contract for the Boynton Beach CRA Non-profit Organization Grant Program Ms. Shutt said they had numerous notices for the program and had two pre-submission meetings. Four organizations were interested, but only one was able to make it to the deadline - Pathways to Prosperity. The recommendation of the Evaluation Committee was to not recommend funding, however, the CRA Board at its February meeting awarded the application the request amount plus an additional $7,077 for a total of 10% of the budget. Ms. Shutt explained that the program allows up to 10% of the program budget for administrative costs. The applicant had asked for $25,000, which was approximately 45% of the staffing needed for the program. [Dr. DeVoursney arrived at 6:37 p.m.] Ms. Shutt gave some background on the Pathways to Prosperity, noting that it is part of the Circles on Palm Beach. That allows staff to pair interested participants with a volunteer expert in a field who will work with the participants into training them on how to start a business. 2 Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 The grant program is geared toward business development, and either jobs have to be created or there have to be business opportunities within the CRA District. The State wants to make sure it shows economic development, not funding of social services. Ms. Shutt stated that the CRAAB was directed to help staff and the attorneys review the grant agreement to ensure that it meets the goals of the CRA Plan, as well as seeing that the measurable outcomes are reasonable and achievable. Chair Cross asked how they would determine that all the businesses that the CRAAB has helped have ended up in the CRA District. Ms. Shutt directed her to the page in the grant for "Results and Deliverables" and said they have to provide a Business Tax Receipt or other evidence. Chair Cross asked what they would do if they ended up outside the CRA District, and Ms. Shutt said it would be up to the applicant to ensure they target and outreach to the interested parties in the CRA District. Towards the end of the program, Ms. Shutt said the grant staff will inform potential applicants about the program. If there is no money left in the CRA District by September, Ms. Shutt said that applicants will have to show an evaluation plan that provides for paying in two payments (one to be reimbursed for activities and expenses expended between the time the grant agreement is executed to June 30). There will be a status and evaluation report that staff will review before disbursing funds. Dr. DeVoursney asked if they would not get funding if they do not meet the standards. Ms. Shutt replied they would probably not receive all of their funding since it will be reviewed mid-way through the program. Public Input Dr. Stephanie Hayden, 2181 W Woolbright Road, Condo N-102, Boynton Beach, confirmed the boundaries of the CRA District. She cautioned against having businesses receiving funding from the CRA and then going out of business, citing a facility near the post office. She said they do not want to give businesses start-up money who are then inconsistent with their traffic and go out of business. Chair Cross pointed out it is a reimbursable grant, so the businesses are not paid up front. Mr. Barber asked Dr. Hayden if she was suggesting that the CRA should inspect their books, and Dr. Hayden clarified she was just advising caution. Jacqueline Kingston, 1330 NW 3 Avenue, Del Ray Beach, requested that they consider grant proposals for the category of removal of slum and blight, such as beautification and cleanup activities. She said she runs a nonprofit called Sea Turtle Adventures; they are responsible for the sea turtle nest monitoring on a three-mile stretch of beach from Woolbright Road to George Bush Boulevard. They also do other cleanups. She wanted to bring a proposal to do volunteer cleanups on a regular basis within the CRA district. End of Public Input 3 Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 Chair Cross was concerned that there were 12 people in the program by June, and none want to be in the CRA District. Ms. Shutt said the amendment could always be modified to reduce the number of deliverables. Chair Cross recommended having a "hard stop" at the end of June for the applicants if they have not advanced to where they need to be at that time. They would have to appear before the board and explain how they would meet their goals by September. Motion made by Mr. Hendricks, seconded by Mr. Barber, to support the grant process and the outlines delivered to the board with the addition to Section C2 of a hard stop in June to have the applicants come back to the CRA Board with their findings/progress; if the goals are not established by June 30, they must come to the Board for amendment or for disposition of the Board in terms of the remaining money. In a voice vote, the motion passed unanimously (6-0), with Vice Chair Pollock not yet arrived. 2. Consideration of the Guidelines and Application for the Boynton Beach CRA Non-Profit Organization Grant Funding Program Chair Cross recalled the items they need to review: • Additional members to the review committee? • Any more improvements to the program? • Review the criteria? • Other categories that the grant could be expended for? Ms. Shutt said the Review Committee is supposed to include the following: • Executive Director Simon or Ms. Shutt • Finance Director Vicki Hill • Development Services Manager Theresa Utterback • Someone from the City (perhaps David Scott - Economic Development Director) and/or someone from the CRAAB Ms. Shutt said they discussed having a citizen-at-large and thought there might be conflicts of interest. She added that Vicki Hill on the committee has experience with nonprofits. Chair Cross suggested that someone from the CRAAB should be on the committee along with a representative of the City. Mr. Simon advised that the CRAAB is a recommending body with all of the information on grant recipients that the committee has, and he thought it would be a conflict of interest to sit on the committee as an evaluator and also sit on the committee as a recommender. Chair Cross said that the grant did not come before the CRAAB, and Mr. Simon said they would in the future, under New Business. 4 Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 Chair Cross asked if all the goal categories are available in the grants, and Ms. Shutt replied that the only category that can be applied for now is Economic Development Business Opportunity which leads to job creation/job training. Chair Cross verified that the CRAAB could recommend that the other four categories get opened up. Chair Cross accepted Mr. Simon's comment that the review committee should not include a CRAAB representative. Ms. Shutt clarified that this is a separate, new program this year for nonprofits. Neither Mr. Hendricks nor Chair Cross saw the need to add another person to the committee. Mr. Hendricks asked if there were needs coming up that needed attention. Ms. Shutt mentioned the following categories: • Affordable housing (always a need for that) • Workforce housing • Parks and recreational and cultural Chair Cross commented that when she read the sections of the law that set out what CRAs are supposed to do, she interpreted it to be that the CRA should be buying buildings and land for redevelopment. She did not see much in the way of funding administration costs or salaries, etc. Dr. DeVoursney thought they should maintain the budget for Economic Development grants and not add the other categories until the next fiscal year. He also endorsed having David Scott on the Review Committee. Public Input Jacqueline Kingston, 1330 NW 3 Avenue, Del Ray Beach, reiterated her desire that the board re-open the removal of slum and blight, demolition of blighted properties, and community beautification and clean-up activities as a potential for nonprofits to submit proposals. She reiterated the activities of her nonprofit. Vice Mayor Justin Katz, 1353 Via de Pepi, Boynton Beach, said he believed the expansion of the Review committee grew from some dissatisfaction with the outcome of the last grant. He said it was unnecessary. He shared concern about expanding the grants criteria to include different arenas, thinking it would become a "blank check" grant. Vice Mayor Katz also thought the attacks on CRA at the State level were the result of CRAs making decisions without criteria, or bending the criteria. Dr. DeVoursney pointed out that Pathways to Prosperity brought in additional information (showing prior experience with job creation) to the Committee at the last minute, which increased their score. 5 Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 Further comments from the board reflected their desire to not expand the grant criteria, although Mr. Hendricks' concern was the low number of people applying. Ms. Shutt said that leftover funds would roll over to the next year. [Vice Chair Pollock arrived at 7:27 p.m.] Dr. DeVoursney advocated for opening up the categories at the next budget hearing. Ms. Shutt advised that in a regular budget cycle, they would start advertising for a grant in June, do a workshop, and have recommendations by August. She said they started late last year. Motion made by Dr. DeVoursney, seconded by Mr. Murphy, to keep the grant to involve economic and business development for the remainder of the fiscal year 2017/2018, and to keep the review committee for the grant at the current census. In a voice vote, the motion passed unanimously (7-0). 3. Discussion Regarding Redevelopment Options for the CRA Owned Parcels within the MLK Jr. Boulevard Corridor Chair Cross wanted to hear public comment first on the potential development options in that area. Public Input Victor Norfus, 7849 Bench Center Way, Boynton Beach, said he owns property on Martin Luther King Boulevard East and has lived in the community a long time. Mr. Norfus mentioned several organizations that were here in the past and should be resurrected: the Community Resource Center (job resources, employment activities, nonprofit community organizations could meet, CRA outreach programs held). They need buildings for businesses, but they are torn down. Also needed is a shopping plaza (something like Sunshine Square) with several floors upstairs for rental apartments. He recalled that most of the business started on Martin Luther King Boulevard and went west. Reverend Bernard Wright, 713 NW 2 Street, Boynton Beach, said he distributed a petition for a commercial cultural hub. He read the petition (which has 160 signatures) for the record. The hub would include state- of-the-art game rooms, recording studio, restaurant, billiard room, and a concert hall. The cultural hub would be at the former location of the Continental Club. It would also serve as a community resource and information center. He said he could bring recording artists to Boynton Beach, bringing money back in. He spoke of the various groups that could benefit from the hub via a re- entry program. He said he opposes gentrification and had his "people's interest at heart." Dr. Martha Meeks Light, NW 6 Avenue, Boynton Beach, said she has been connected with the CRA since its origin. She advocated for a multi-cultural learning/training center 6 Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 for children to learn skills so that could pass tests for licensing or certification for jobs such as nursing or carpentry. Children also need paid tutors. She wanted a grant for computer skills to be taught at the Recreation Center in the daytime either at Ebell Hester or Carolyn Sims Park. David Katz, 67 Midwood Lane, Boynton Beach, said that this meeting was advertised on the City website as a "community meeting" for the redevelopment of Martin Luther King Boulevard. He said he has sat through numerous meetings on the subject, and said it was time for the CRA Board and staff to pay attention to the petition brought by Reverend Wright. Vice Mayor Justin Katz, 1353 Via de Pepi, Boynton Beach, stated there was no way that the project would come to fruition if they tried to prescribe the types of businesses that go there. He said the reason there has been no commercial development on Martin Luther King Boulevard is because it is not a profitable area, to draw in business owners or investors. He supporting allocating $1.5 million of CRA money to build commercial shells on the property on the north side of Martin Luther King Boulevard and Seacrest Boulevard, because he felt the government needed to identify that corner as a "market failure." However, the CRA Board rejected the allocation, so the CRAAB must figure out a way to stimulate economic, commercial, or mixed use development working within a budget of less than $1.5 million. Vice Mayor Katz continued, requesting that they do not attempt to prescribe businesses that must go there, because it will pigeonhole them into forcing certain businesses in there. At a recent community gathering to discuss the shootings in Boynton, the majority of those present said that they do not want a club in east Boynton Beach. They said the clubs are the origin of problems in their neighborhoods. John Danes, 370 NW 17 Avenue, Boynton Beach, said he has worked on Martin Luther King Boulevard for the last 21 years at Robinson BBQ. He said they are stable business and should be part of the economic development. They have fed the "entire community" for 16 years at the summer holidays at Intracoastal Park. In 2005, they opened their doors to the community because they have a gas stove and did not charge their customers anything to eat. Reverend Bernard Wright came up to microphone again. He said the CRA Board and the City Commission are two different entities, but yet the same entity. He said they know the solution is redevelopment. He lamented how long it has taken to get things done in the area. Willie Aikens, 726 NE 1 Street, Boynton Beach, President of the Heart of Boynton Neighborhood Association, said that Martin Luther King Boulevard has been misused and overlooked for over 60 years. He faulted the CRA for not advocating funding for redevelopment. He spoke in favor of the cultural center as a multi-purpose center for job training as well as for recreation. Mr. Aikens said that the neighborhood does not have what other districts do, and the CRA needs to start work there. 7 Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 Pastor Richard Danes, 223 NE 12 Avenue, Boynton Beach, said he serves as President of the Boynton Beach Coalition of Clergy. He believed that more than 150 people reside in the Heart of Boynton District, and they need the multipurpose building on Martin Luther King Boulevard. He asked how they expect the situation to improve in the corridor if something does not change. They need to move forward, and move smart. Mark Karageorge, 248-A Main Boulevard, Boynton Beach, said that the Coalition of Clergy has always been the voice of reason. He said there have been many opportunities for development turned away due to market study results or requests for land assembly. He said there is now a possibility for land assembly. He spoke about his effort to get a Darden Foods on Martin Luther King Boulevard. Mr. Karageorge said they need to keep all options open. Ray Whitely, 223 NE 12 Avenue, Boynton Beach, said there is a great opportunity because there is now an aggressive board that is pro-development. He clarified that they have to be strategic, noting there is more than one parcel on Martin Luther King Boulevard and they do not have to pursue land assembly. He suggested the Town Square area could complement the development on Martin Luther King Boulevard. That way the community wins, and the CRA wins. He said they have to begin with mixed use. Chair Cross asked members of the public to fill out comment cards and put them on the table at the back. Chair Cross said there is still $1.5 million or more in the project fund for investment in the Martin Luther King Boulevard corridor. She said there are three options: • Have the CRA utilize existing architectural contracts and prepare bid documents for somebody (design, bid, build) • Get pre-qualifications of contractors • Build to suit Chair Cross suggested that this board needs to recommend a way forward for the CRA Board. Ms. Shutt clarified that the "build to suit" would be for the CRA-owned properties. The design build is a method used with the contractor from the beginning. He is responsible for the designers as part of his complement of his team. It is a shorter process. She said they were recommending a shell that would accommodate the permitted uses - there could be tenant space. They would have to be sure that delivery trucks and trash pickups could get into the property. Ms. Shutt continued, noting that the land is good only if pieces that are large enough to design and build a building per Code. The northern parcel can accommodate a 5,000 square foot building. She said some small office/retail/nonprofits have expressed 8 Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 interest in occupying the building. The space would be flexible for neighborhood- serving uses. Dr. DeVoursney commented that the City has a history of successful concepts, like Ocean Breeze West and the marina. If a concept is put together, they might be able to achieve something. He described the Dallas Heritage Village at Old City Park, which was built on the concept of what life was like there before 1910. He suggested going to the local Historical Society and get photographs showing what the Continental Club looked like, and then rebuild it. He said they could make it an attraction for everyone, and the economic development would bring safety. Dr. DeVoursney emphasized they would have to make the concept first and invest in the concept, so that the developers would see the value in it. He added they could make it a Brightline stop. Mr. Barber believed that development needs to happen, and he is in favor of whatever process moves it along the fastest. He said the community needs to be more realistic about what is going to work in the area, as well as why the area is now seen as desolate. If the people who signed the petition will not call the police or help stop crime, any redevelopment that goes in the area will stagnate. Mr. Barber praised Reverend Wright for gathering the signatures, but said the community needs to take ownership, as does the City. Reverend Wright said they need to change mindsets. He agreed that through their leaders, the community needs to take ownership. He said they need the information and the education from their leaders. Minister Bernard Macon, Coalition of the Clergy member, said that there used to be a lot of crime and drug deals on Seacrest Boulevard, but the economic development there improved it. The community, the police, and the CRA came together came together to build something much more positive. He said that the area under discussion has the potential for economic growth, although nothing has been done. It will take a group effort. Mr. Hendricks confirmed that visioning and studies for the street have already been done, and they need to establish the architectural vision/guidelines for the street. Mr. Simon mentioned that the Heart of Boynton Community Redevelopment Plan established building heights, type of architecture, etc., to provide the investment community with guidelines. He said that the Family Dollar store was the investment for the first commercial project in 40 years on the corner. Mr. Simon continued that the CRA's job is not to invest in the items beyond the shell of a building -- that would be the job of the investor. After the community decides what they want to do, the community and the CRA have to find viable businesses to fit. The input 9 Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 from the public at this meeting will go to the CRA Board. He advised against recommending just design/build. Chair Cross reviewed that the community wants mixed use, multi-use, culturally significant, and historically based development. She asked if it would be possible with this particular property to put residential on top and have the shell on the bottom. Mr. Simon noted there is a concept based on square footage and parking requirements, and the map on the screen shows what the CRA has control of at this time. The question would be whether to start dividing up the CRA sections and draw others, or wait until the largest piece can be amassed first. Another question would be if the CRA wants to invest its funds to start building the project. It needs streetscaping. If the CRA goes forward now, there would be site plan approval (four to six months) plus multiple funding years, public meetings, and acquisition of more property. Mr. Simon felt they need to move the factors out that are stopping development, or people will not be comfortable going there. He was disappointed that Family Dollar went downhill instead of raising up the neighborhood. Chair Cross said she heard the following from the community: • Be flexible • Begin with mixed use concept, maybe work in tandem with Ocean Breeze East • Community outreach center including job training, tutoring, computer skills • Shopping plaza, restaurant, concert hall, game room, billiard room Mr. Simon thought they could activate the Carolyn Sims Center with a computer center, etc. Mr. Hendricks commented that while he loves mixed use, right now they can afford flex use commercial space (one story) and redo parking. Dr. DeVoursney asked if they could invest in the streetscape design first so it looks appealing, pointing out they did it that way for Boynton Beach Boulevard. Mr. Simon, however, was not sure that would work for Martin Luther King Boulevard because of the drug problem. He thought the streetscape development should go along with the building - they have to go hand in hand. Mr. Simon spoke about the other improvement projects currently underway. He said there is more than enough money to design many buildings in the professional fee budget, and the $1.2 million will not have to be touched for months. Ms. Shutt remarked that they need outreach to the community and business leaders to ensure that what goes in meets the needs of the community, and Chair Cross asked if anybody had said they would move in if a building were constructed. Ms. Shutt said 10 Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 they would build the shell, mechanical/electrical infrastructure with handicap bathrooms, and it would up to the developer to come in and outfit the paint, drywall, flooring, etc. Ms. Shutt said some nonprofits responded, but no commercial or job-generating entities. Some business entrepreneur leaders that have come out of their training said it would be nice to have spaces in the CRA District that they can come into. She said if the right business came in and the community could benefit, they could help with incentives to help with overhead and initial stages of the first year. Mr. Hendricks said there are still some great shops and restaurants on Old Northwood, but it was a "heavy lift" at first. Anthony Mason, 301 NE 10 Avenue, said he runs a barbershop on Martin Luther King Boulevard that has been there for many decades. He said the community has been waiting for development, and they will come if it is built. He said that business is booming and they need more space. Motion made by Mr. Barber, seconded by Mr. Murphy, to recommend that the CRA Advisory Board consider Option #3 (The CRA would issue a Design/Build request for proposal or RFP for an entity which will provide a guaranteed maximum price for the design and development of the site approximately 12 months.). In a voice vote, the motion passed unanimously (7-0). 4. Discussion Regarding Redevelopment for 1110 N. Federal Highway Mr. Simon said the CRA purchased the property but it is not viable to renovate it. They received a Solid Waste demolition grant for $65,000 to do the cleaning and clearing of Cottage District to improve the Public Works facility. Another application has been submitted to the same grant program which will include the demolition project. It is not large, but is on a "great corner." They have had numerous meetings with the property owner on the east side (multi-plex) and on the south corner (vacant building) in efforts to acquire the property. Discussion ensued about what was/is on the various properties in the area. Chair Cross recommended adding other properties to it. Mr. Hendricks suggested using the lot for parking for the church, but Mr. Simon advised that the City would not let them use it for a parking lot without striping, lights, paving, etc. He added they would clean up the lot after the building is demolished. [Mayor Grant joined the meeting.] Motion made by Dr. DeVoursney, seconded by Mr. Barber, to not develop it at this time and look into land assembly to the south and to the east of the property under discussion. In a voice vote, the motion passed unanimously (7-0). VIII. CRA Board Items for CRA Advisory Board Review & Recommendations 11 Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 A. Old Business - None B. New Business 1. Consideration of Purchase of 521 N. Federal Highway Mr. Simon advised it was a tax sale property - part of the properties around the Twisted Fish. It has three parking spaces, and the acquisition price was too good not to acquire. Motion made by Dr. DeVoursney, seconded by Mr. Barber, to purchase the property at 521 N. Federal Highway for the estimated market value of$131,600, not to exceed 20% above the appraised value. In a voice vote, the motion passed unanimously (7-0). IX. Future Agenda Items Chair Cross confirmed that the future agenda items will be determined by the CRA Board agenda items. X. Adjournment Upon motion duly made and seconded, the meeting was adjourned at 9:15 p.m. [Minutes transcribed by J. Rubin, Prototype, Inc.] 12 t 'k [OYNBN �r � � Y11 RA ADVISORY BOARD ITEM A.1. CRA BOARD MEETING OF: April 10, 2018 OLD BUSINESS CRA BOARD AGENDA ITEM: XIII.C. SUBJECT: Consideration of Parameters for an RFP/RFQ for the CRA Owned Property Located at NE 4th and NE 5th Avenues, a/k/a the Cottage District SUMMARY: At their September 27, 2017 meeting the CRA Board directed staff to investigate alternative design and other parameters for the 4.24 acre CRA-owned Cottage District property assemblage that can be incorporated into a future Request for Proposal (see Attachment 1). The item was brought back to the Board for further discussion at the November 14, 2017 meeting and was tabled by the Board while waiting for more details to be worked out with the Community Caring Center (CCC) regarding the relocation of their existing facility located on 145 NE 4th Avenue. At their March 13, 2018, the Board voted to bring the item forward at their April 10, 2018 meeting rather than waiting until May (see Attachment II). The CRA Plan suggests a fee-simple single-family detached for sale product for the Cottage District for compatibility with the surrounding structures (see Attachment III). The current site might support approximately 30 fee-simple units once roadways, buffers, recreation amenities, drainage, and utilities are incorporated into the development plan but the Board may consider other affordable product for the site. Pursuant to the 2016 Boynton Beach Community Redevelopment Plan, Heart of Boynton District, the R3 and IPUD zoning districts may be applied to the property which will allow multi-family units to be developed with flexible property development regulations. Under the current regulations, a maximum of 42 units designed to be attached garden or villa style units could possibly be developed on the site subject to compliance with all property development regulations of the LDRs. CRA staff has had numerous discussions with interested developers for the site which only resulted in the traditional housing products which are marketable for this region. These varied from traditional fee-simple detached single-family lots to attached multi-family units and townhomes. New higher density or infill products have not been proposed probably due to the lack of demand, availability of quality innovative alternatives, and/or the region's current entitlement, land development regulation, or subdivision processes will need to be modified to accommodate the new products. Staff recommends minimum design standards for each unit to ensure a quality design and could write in more general terms in order to allow a variety of development options from interested Proposers. With current site and market conditions of the subject site as described above, the Board might consider the following housing options for the subject site: • Single-family detached homes fee simple lots (Attachment IV) • Single-family detached homes or cluster housing with shared driveways (Attachment V) • Multi-family attached townhomes/villas/garden style homes with parking (Attachment V I) • Multi-family attached townhomes/villas/garden style homes with common parking (Attachment VI I) In general, a developer will need to consider the following when developing his budget for the project: Land cost, design fees, utility and infrastructure costs, construction (including amenities), financing and carrying costs, sale and marketing, absorption rates, and overhead and profit. In most affordable housing projects, there is always a finance gap that will need to be addressed through incentives, grants and subsidies, and other mechanism such as tax credit programs or TIF rebates. The CRA Board approved funding in the $70,000 for the Cottage District in this year's budget. With the above in mind, there are several incentives the CRA may provide to the developer to develop unique affordable housing on the site without tax credits or TIF funding. These include but are not limited to, accepting a below market price for the land, providing a subsidy for infrastructure improvements (on a per unit basis), assisting in the entitlement process by coordinating with the City on the site plan and lot/unit design, and/or or providing subsidy to the buyers through a silent second mortgage subsidy for the income-restricted units. FISCAL IMPACT: To be determined. CRA P LAN/P ROJ ECT/P ROG RAM: 2016 CRA Redevelopment Plan, Heart of Boynton District CRAAB RECOMMENDATION: To be determined. CRA BOARD OPTIONS: To be determined. ATTACHMENTS: Description D Attachment I -Cottage District Map D Attachment II -CRA Board Minutes D Attachment III -CRA Plan - Heart of Boynton District D Attachment IV -Single Family Detached D Attachment V -Single Family Detached Cluster D Attachment VI - Multi-family attached homes D Attachment VII - Multi-family attached home with common parking t k � I }> } t �I 1 s,� • „ 1 9, G1 '` v r Ili LD ID Q �f t 0 t O � � •.1 P ,,, +1 1 3 I b 1 t 5 F V ' , t t c aa y I r r .e •. tl a e � rs aw E Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 a 30-minute tutorial how to be a Twitter genius and create an account, how to reach the target audience and so far the tutorials are working well. Mr. Meinzer explained based on where they are in the program, they felt it was necessary to develop the technical side of the program and develop guides and tutorials so the business owners will be ready to learn and handle social media on their own. He reviewed a PowerPoint showing the basic breakdown of all the businesses they work with highlighting where they want to start and where they want to end. They started with a guide for using ad words and learning how to read the analytical reports. This enables the owners to develop more detailed ad word campaigns towards their target audience or their products. A written tutorial for Facebook ads was reviewed. Ms. Donith explained they are working with three new businesses. They are working with Pizzeria That's Amore and when they start to open, they will hold a social media grand opening to create interest. They are also working on Magic in Your Kitchen, which is another incubator kitchen from the Secret Garden Cafe. It is a vegan restaurant and Ms. Donith and Mr. Meinzer helped them with their pop up dinner. The Cooperative Real Estate Alliance is kicking off a free first time homebuyer course and she was helping them publicize the event. The goal was to get businesses going, graduate students and add more business owners to the program. Board Member McCray asked if they were working with Troy's BBQ and learned they were not. Board Member McCray commented he did not get excited about the presentation and he thought something could be done to sell the information better by having music or some other element. Additionally, the screen is small and the Board needs a printout of the presentation. Chair Grant appreciated all they are doing for the success of Boynton Beach. Board Member Romelus agreed with Board Member McCray. She favored seeing the actual results or have live testimonials via videos or appearances in person. Ms. Donith agreed noting that one business owner was present, but had to leave. She pointed out the presentation was just a few of the successes and there are others that really started to soar. Board Member Romelus asked how long a time period was used to determine if the program was successful or not. Ms. Donith explained they never cut anyone off and they are always available to assist, but there is a time the owner's no longer ask them for help. They still cross promote businesses in the CRA. Board Member Romelus noted the program was originally for six months and it was extended another year. There was agreement quarterly reports will be given. F. Consideration of Parameters for an RFP/RFQ for the CRA Owned Property Located at NE 4th and NE 5th Avenues, a/k/a the Cottage District Thuy Shutt, Assistant CRA Director, presented the item explaining the subject property is a 4.24-acre parcel known as the Cottage District which is adjacent to the Community Caring Center. The property permits 10 dwelling units (dus) per acre in the Heart of 13 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 Boynton (HOB). The property was land banked in order to construct single-family residences. The Board requested staff bring back alternatives, designs and parameters, before issuing an RFP while staff discussed relocating the Community Caring Center site. The RFP could include more innovative, and higher density in the area. The zoning allows up to 11 dus per acre, but the parcel could only accommodate 30 single-family units to be compatible with adjacent properties. The roads, buffers, drainage and utilities use a lot more land. Other areas of the country tried having several amenities on site in a common area, such as open green space or shared driveways to minimize impervious areas. The meeting materials contained examples of the designs used. Staff also had discussions with developers through the year. Many of the options are available, but the market demand requires developers to explore them. The public does not have quality urban design products because there is no demand. The issue is try to ensure the RFP's products are vetted through staff, so they can go through the process easily because the cost of the units has to do with speed of the process, known factors, the cost of the land and hard construction costs. The staff report indicates the developer has to consider items in the budget including design, design fees, infrastructure and utilities fees, sales and marketing, the absorption rate and the overhead and profit. Most of these projects require gap funding and most families cannot afford market rate homes. Only eight percent or higher than the average medium income families could obtain their own financing options, but most traditional families could not. In order for the CRA make homes more affordable to families, the CRA would have to assist with the land cost, development costs, entitlement costs, or subsidies to family members. The second page of the staff report had options for the Board to consider as contained in the meeting materials. The Board could assist in the cost per unit of single-family, detached homes with fee simple lots, varying from 35 feet to 60 feet wide, and 90 to 100 feet long. Another option for single-family or detached homes was cluster housing with shared driveways. Option three was multi-family attached homes with parking. Option four was multi-family attached homes with common parking, as live-work townhomes; however, three story homes are difficult for most families due to the stairs. The Board could assist with the per unit cost of the infrastructure, consider a lower offering price, or consider limiting hard construction costs to $100 to $105 per square foot. Boynton Beach has a good green building initiatives and it was recommended the developer adhere to, or meet or exceed the City's green building standards. Staff reviewed options for high- density housing such as micro or container housing and they are not apparent in the region because they are usually used for student, transitional or temporary housing. Staff did not think the site would be suitable for the latter type of housing because the homes would be 500 square feet, which is comparable to a hotel room. Families with small children will need more space as they grow. David Katz, 67 Midwood Lane, understood the land was 4.24 buildable acres. He asked if it was less than the land for the Oyer property, the Community Caring Center and the two homes that are occupied and learned it was just the GRA-owned property. He thought 14 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 the entire block was 5.5 acres. He disagreed multi-family townhomes would be compatible with the Oyer historic home, and he suggested the Board do the same thing as Ocean Breeze West. The CRA should buy the two current properties; one is owner occupied and the other was not, and the CRA should replat the lots and give them to Habitat for Humanity or a CDC to build single-family homes that look like cottages. They would give the property away. He thought the CRA should sell the small sliver of land to the Oyers as the way it is presently platted, the adjacent property is a few feet away from the property line. Susan Oyer, 140 SE 27th Way, as co-owner of 500 Ocean Properties LLC and 417 Ocean Properties LLC, based out of 511 E. Ocean Avenue explained she did not receive a response to her letter to the CRA or the City about the disposition of the property. She was asking the City for part of the easement. She assumed adjacent property owner Blanche Hearst-Girtman would want the other half. She also had asked about buying or obtaining the other buffer properties as it appears the driveway is one to two feet off the property line, which was why she requested getting more land. She asked about the status, the letter was sent over a month ago. She was worried they would go forward with the development without addressing her request. Mark Karageorge, 240A Main Blvd, commended Ms. Shutt for the analysis. In the past, RFPs were issued that did not receive any responses because they were written for single-family homes. He noted a development could still occur. It could be built by Habitat for Humanity or the CDC. Ms. Shutt was also familiar with Westgate. When Mr. Karageorge obtained his certification as a Community Real Estate Development Professional, he studied the Cottage District. It was discussed there was a need for a subsidy if doing single-family homes. The cost must be offset somehow either through the land value, construction costs or allowing the end user to receive a discount on the pricing. It is hard for the developer to construct affordable single-family homes in this market. He emphasized he was discussing affordable housing and not workforce housing. He thought the Board should allow flexibility because if the RFP is written too rigidly, no one would respond. With the options Ms. Shutt presented, the CRA will receive different responses. No one else coming forward, public comments was closed. Board Member McCray asked about the Oyer request. Mr. Simon explained he, City Manager Lori LaVerriere, Public Works and Engineer Jeff Livergood and Gary Dunmeyer, City Engineer, have been discussing how to handle the request. Mr. Simon spoke with Ms. Oyer after the last meeting advising they were not doing anything right away with the property, and any type of analysis or response would occur over the next several months. Typically, CRAs do not dispose of properties that it owns for the sake of disposing property. There are statutory guidelines regarding owning and redistributing property: not as an enrichment to an individual. Staff would consider the activities of the adjacent property owners for the project and would require setbacks and buffering, and these factors would be taken into account as the project is being advertised and the responses 15 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 being evaluated. The disposal or selling or giving the property may not be required. He suggested the Board address the buffering requirements as opposed to the disposing of the property to the benefit of another property that would not be included in the CRA's affordable housing effort. Board direction is helpful so when they write the RFP, they can hone in on what the Board would like to see. Motion Board Member McCray thought there was too much occurring and wanted to table the matter until Board Member Casello was present. He noted they already have large projects the Board was subsidizing and the Board cannot keep going to the well. Chair Grant noted there are currently Land Development Regulation's (LDRs) in place and staff could conduct an analysis based on the LDRs what is outside of the building's area so there should not be a worry if they need a variance to build more than 10 to 15 feet closer to the current structure on the property line. Chair Grant spoke to Mr. Simon and Ms. Shutt about the vacant property owned by the Palm Beach County Housing Authority. He asked if the Board was interested in sending them a letter of intent as the property next to the Carolyn Sims Center could be included in the Cottage District. He wanted to include their land in the RFP and work together for affordable homes. The Housing Authority has access to HUD funds and others to make the project affordable.. Board Member McCray liked the concept of expansion, but advised he does not want another project in Cherry Hill. He wanted only single-family homes constructed on property owned by the Palm Beach County Housing Authority. Board Member Romelus thought there was no need to rush the process and let the market dictate interest. She also favored moving on the Housing Authority property. Vice Chair Katz was in favor of approaching the Palm Beach County Housing Authority, but did not know if bundling random properties that are not part of this particular potential project was the best way to approach the matter. He supported obtaining all of their property because the Housing Authority was not doing anything with the land. Board Member Romelus seconded the motion to table the item. The motion unanimously passed. There was consensus to table the item for six months. G. Consideration of Naming Options, Rental Rates, and Schedule for Critical Repairs for the CRA-Owned Property Located at 1010 S. Federal Highway, formerly known as the Boynton Woman's Club Chair Grant explained the Board received three name options: The Major Nathan S. Boynton Center Building; The Historic Woman's Club of Boynton Beach; and The Addison of Boynton Beach. 16 i t� i t, l Heartof Boynton i D a rict Introduction Planning Challenges Planning Considerations ij The Vision su C. Stanley Weaver(C-Canal) canal to the north, 1-95 to the west, N.E. 3rd Avenue to the south and the The Heart of Boynton District is a 380-acre FEC rail line to the east. The area is within walking neighborhood developed predominantly with distance of the Cultural and Downtown Districts. single-family homes. The neighborhood has several parks, two public schools and numerous A major arterial road—Seacrest Boulevard—runs churches. Unfortunately, it has been the victim through the neighborhood north/south. Martin Luther of disinvestment over the last 50 years. The two King, Jr. Boulevard, once lined with locally-owned Census blocks of Tract 61 which encompasses businesses, runs east/west. this District have the median household income of$20,848, the lowest in the City. There are two public elementary schools in the neighborhood, Poinciana and Galaxy. Both schools To counter the decline of the neighborhood,in 2001 are STEM schools(Science,Technology, Engineering the CRA and City adopted the Heart of Boynton and Math). Community Redevelopment Plan. The Plan was updated in 2014 to reflect the achievements of the There are a number of parks and special use areas original plan and add new projects to reflect the within the neighborhood, such as, Carolyn Sims current market conditions. Community Center, Galaxy Park and Scrub and Sara Sims Park. A number of recommendations of the original +. CRA Plan have been implemented, including: The demolition of the Cherry Hill public housing project • The redevelopment of the Boynton Terrace site–Ocean Breeze West– into 21 single- family homes • Redevelopment of Wilson Park and into Carolyn Sims Community Center • Expansion of the Palmetto Greens Park • Redevelopment of Sara Sims Park – Master Plan created, property acquired • Streetscape Improvements on Seacrest Boulevard • Redevelopment of Martin Luther King, Jr. Boulevard – Property acquired and Family Dollar developed • Development of new housing – 60 new single family homes developed In partnership with nonprofits, the City and CRA. The Heart of Boynton District is bounded by the E r r � ■ t // °sem .w,o- R !�"�'�` � •� k� - - ��, r.-- $.�+s'v...Mf�n� w+d`rrF `k` � arc v t�Y �l Figure 7: Heart of Boynton District Location Map The Heart of Boynton area suffers from an aging the neighborhood; clearly, the road is not presently and poorly maintained housing stock. The CRA designed at a neighborhood scale. and City, in partnership with local non-profits, continue to develop single-family homes, but Both Seacrest Boulevard and Martin Luther King, Jr. there is a need for quality affordable multi-family Boulevard have older, ill-maintained power poles with rental housing. The problem is that—given low overhead utilities, causing a "visual blight." median household incomes—it cost more to build even modest apartments than many of the families can afford. This gap will has to be filled ,f t gv,G through some form of a subsidy. uOO t Another major deterrent to private investment is the visible blight and crime. There are still �� `�� a number of small convenience stores that wr allow loitering and illegal activities for all to see, discouraging people to buy homes or invest in businesses within the area. The District is comprised of small parcels platted in the 1920's — 1930's, during Florida's land Figure 58:Example oft i s t 6 Planning Challenges boom. The parcels are owned by many different people making assembly of a developable site very difficult and expensive. Moreover, many owners have an unrealistic sense of the value of their property. Over the years, the neighborhood has lost most of their retailers and service providers. There is no full service grocery store and only one take- out restaurant. The majority of commercial use is represented by convenience stores. A new Family Dollar store at the corner of Martin Luther King,Jr. Boulevard and Seacrest Boulevard has been a welcome addition, but there is a need for more retail services. The neighborhood is bifurcated by a four- lane Seacrest Boulevard, which has only one signalized pedestrian crossing even though there are two elementary schools in the neighborhood. The width of the road and drive aisles encourage speeding through I Several factors were considered in determining the Historic District. There are a significant number of land use designations for the Heart of Boynton District. historic cottages located along both sides of NE A future commuter rail station for the planned Tri- 3rd Avenue and the south side of NE 4th Avenue Rail Coastal Link service, which will serve the South between N. Seacrest Boulevard and NE 1st Street. Florida metropolitan region, is planned for downtown at In order to protect these cottages while allowing N.E. 4th between Ocean Avenue and Boynton Beach commercial redevelopment of the south side of NE Boulevard. To improve land development patterns 3rd Avenue, the Plan recommends that: in advance of station development, the City adopted a Downtown Transit Oriented Development District . The historic cottages from the south side of (DTOD), covering a %Z mile radius around the station's NE 3rd Avenue be relocated to the vacant location,including a portion of the Heart of Boynton.The lots on the north side of NE 3rd Avenue. DTOD district regulations support increased intensity of development through a 25% density bonus. . On completion of the relocations, a historic district, tentatively called Shepard Funk A second consideration is the Transportation Addition Historic Cottage District, be created Concurrency Exception Area (TCEA)which, in addition within the block enclosed by N. Seacrest s; to the residential exception area applicable east of 1-95, Boulevard, NE 1st Street, NE 3rd Avenue, exempts all development from the Palm Beach County and NE 4th Avenue. traffic concurrency requirements thus allowing denser development. The Plan recommends increasing density within the area where the TCEA and TOD designations overlap. However, because this District is a low- scale neighborhood, no increase in height over 45' is recommended. s r{ryr(r ri�rtil S rU mfr t" '° t7 ( f s I r Figure g: Historically significant cottages in the HOB vislont The Heart of Boynton area will become a model neighborhood, with its unique character and history preserved. The vision includes enriching the original vernacular architecture of the neighborhood, investing in housing and commercial uses, and connecting both through the pedestrian and vehicular networks. Streetscape enhancements are recommended for the Seacrest Blvd and Martin Luther King Jr. Blvd. The space for these enhancements may be obtained through either right-of-way dedications or public easements. The enhancements should include: • Implement a Complete Streets program for Seacrest Boulevard and ML K Jr. Boulevard to accommodate bike lanes and bike racks, widening of sidewalks, decorative street lights, street furniture, and on-street parking. • Marking of major intersections with materials such as pavers, paint, etc. • Enhanced median landscaping i • Bus shelters (will be required as part of new construction) • Additional signalized pedestrian crossings(including mid-block)along Seacrest BoulevardAddition of canopy street trees • Creation of a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: • Minimum 8'wide clear sidewalk • Decorative light poles at both the vehicular and pedestrian scales Require installation of canopy trees that provide immediate shading at time of construction • Undergrounding of overhead utilities • Creation of a greenway to connect the greenway proposed along NW 1 st Avenue, Sara Sims Park, and Wilson Park per the Connectivity Plan • Creation of an eco-trail to connect the existing scrub and linear parks per the Connectivity Plan 7,3 I I r f i ,._.p,a ■ ' . ,``s . � Figure 60 Seacrest Blvd Streetscape Area �FtgureL. I etscape rea 45'Max. RES. NAM 24WM RES. t RES. � � `� RES. 5'-0" 10'•0' S'•0` S'•o' 8"•0' iY•U' Figure 62: MLK JR. Blvd.Street Section Recomrnendatloirwis: Land Use The existing land use designations within the Heart of Boynton District are: i • Low Density Residential —5 units per acre (all of this land use designation is concentrated on the west side of Seacrest Boulevard. • Medium Density Residential — 10 units per acre (this land use designation is concentrated on the east side of Seacrest Boulevard) • High Density Residential— 11 units per acre (currently over the Ocean Breeze West development and along W. Seacrest from N.W. 8th to N.W. 9th) • Mixed-Use — 40 units per acre (this land use designation is placed on the CRA-owned Ocean Breeze East block and on CRA-owned property along MLK, Jr. Boulevard) • Local Retail Commercial, General Commercial, Industrial, Recreational, and Public & Private Governmental/Institutional Below is a table of the proposed land use and zoning designations that will apply within the Federal Highway Corridor District: Table 7: Recommended Future Land Use(FLU)Classifications within the Heart of Boynton District DENSITY MAX D USE DENSITY CORRESPONDINGl C HEIGHT Mixed-Use 50 MU-2,M U- 75' - Medium Mix Use Low 20 MU-1 20 49 High Density Residential 1 4, I t! 15 5' MediumDensity Residential 11 , t U 11 45' Low Density 7.5 -1® -1- -1- -1- -1, Residential U 7.5 45° Local Retail n'a -2, - CD rnercial nIa General n/a C-4- Commercial nla 45' Industrial nla 1-1 nla 4& PPGI n/a Public Usage n/a 45 Recreation tela Recreation nla 45' Properties located within the TOD may recieve a 25%®density bonus ix Figure 63: Recommended Land Use for the Heart of Boynton District 1UTT, 11-1 r } � q � a .... e s t Ll u k r -t, I 11 al � ppE N 49j It t � aY ._ ri 7 " Wj S q ` . kr,_ 'y �I.r LEGEND �I��q��terreetional(R) - Intlusfeei(I) 'Low Density Resldenfi®I(LDR)5 dulac ;Medium Density Residentiel(MDR)99 dulec High Density Resldendel(HDR)h5 du/ed petrel Hio Density Residential(SHDRf 20dWac -,I-thuebwel(PPGI) MLMI Retell Commemiel(LRC) Genual Comm—W(GC) ` Mbwd Use Low(MUL)20 dulac M6m0 Use Medium(MUM)50 dufac Use High(MUH)80 dWec (..�� Y®D '.. 1:1 Recommetidafiorts_ Urban Desi • There are three architectural styles of historic structures in the Heart of Boynton: Mission, Frame Vernacular, and Mediterranean Revival. When building in this District, new development shall attempt to utilize one of these architectural styles. • A Historic Cottage District should be considered adjacent to the proposed Cottage District; where feasible, historically contributing cottages in the area shall be relocated in the Historic Cottage District. • Commercial buildings fronting MLK Jr., Boulevard and/or Seacrest Boulevard shall maximize the amount of glazing. • Residential buildings fronting MLK Jr., Boulevard and/or Seacrest Boulevard shall be designed to have pedestrian access from the main road and have front door facing the main road. • All buildings along MLK Jr., Boulevard and/or Seacrest Boulevard shall be set back to allow for a pedestrian zone. • Approximately 75%of the lot frontage must be occupied by structure and be adjacent to the pedestrian zone. • Buildings fronting MLK Jr., Boulevard shall be a maximum of two story and stepped back to continue to the maximum allowed height in the designated Zoning District. Parking shall be located to the rear or side of the buildings • Curb cuts shall be permitted on Boynton Beach Blvd only when access is not possible from the rear or side. When adjacent to commercial uses, single-family areas shall be protected through the use of landscape buffers and/or walls as appropriate. Figure 64: Heart of Boynton Projects u MLK Commercial to roily °. Adel Block - c � r i'��4Y... V l Sara Sims Park— Ocean a.Ocean Breeze East Cottage District— ProposedHistoric,. Cottage st t i14, Sara Sims Park Expansion Working with residents ofthe community,the CRAand its consultant created a master plan for the expansion t and improvement of Sara Sims Park. The CRA has R also purchased seven properties and deeded them to the City in preparation for the eventual expansion of 4 the park. Staff will review the feasibility of converting N a portion of Sara Sims Park Master Plan, along the � u , western boundary, from Recreational Land Use to Single Family. This process shall include a public meeting,the Parks and Recreation Board review and ' ��h`�, ��z5, } recommendation, and Clty Commision approval. Figure 65: Sara Sims Expansion Ocean Breeze East �s r ��,� '�t�� {tt St i� The CRA owns 4.5 acres of vacant land east of t ` Seacrest Boulevard between N.E. 6th and 7th t Avenues. The CRA is seeking a private developments partner to build a multi-family project on the site. Lei �,. � � i, Cottage District The CRA owns approximately 5 acres on the block Figure 66: Ocean Breeze East (' between N.E. 4th and 5th Avenue. The CRNs goal for this site is to attract a private development partner to build single-family for-sale homes in the style of the surrounding historic cottages. A MLK Commercial ` � t Leveraging CRA-owned land and economic ' development grants, the CRA was able to bring z„ „. a Family Dollar store to the Martin Luther King, . . Jr. Boulevard corridor in 2015. The CRA owns _ { additional land on the corridor and continues to Figure 67: Cottage District work with developers to attract new and needed neighborhood retail. MLK Multi Family Utilizing CRA-owned land, the CRA is seeking to attract a private development partner to build a multi- family development along the Martin Luther King, Jr. Boulevard corridor. The development may include commercial uses. i i ' �flt ftp r - ' � Y-k r.41t'.tory r �+ r ti it� 1j - � , r1� r �Y � r t L, rn � qtr r i r 1�S i .i1.wS��3�1r 4'� �`r �>'��At' is�'4t,�e '• - � =t� �4� � � (�} S� _ r r `: �t>s•, 5 k, "��rF - r ,2' i� i - t t �, n£��1 �f r�}' �tRY�r �i ��£A� 1 �tl� �(£ A k Figure 68: Example of a Commercial Project on MLK Jr. Blvd. 116 l t � �rtll � � 11 s x U1�'glutu i ,i — a1ks�! � art l nU r�'S�l�tlit r1S{l i��l X3�1 i�i'{ 3fy�S li4 S7 i�s�i fi�lititlt�bbit I f �, 1t1IV i y1` �' 4t s 11ti�s��t�ttli�+�tihll"�'t1 i E x., lt. 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W as ro �n � o G w � Cf) � UU p m 7 7 G m m O O -� m u a-0 -0 wwcnw� ilk d I rn t3 I { C_ O '4 E d It N O ' m 'a � d K N i WDA api o I d a I PARA OPCS i c - 90— t 'k [OYNBN �r � � Y11 RA ADVISORY BOARD ITEM A.2. CRA BOARD MEETING OF: April 10, 2018 OLD BUSINESS CRA BOARD AGENDA ITEM: XIII.D. SUBJECT: Consideration of Parameters for an RFP/RFQ for Redevelopment for CRA Owned Parcels within the MLK, Jr Boulevard Corridor SUMMARY: The approved 2016 CRA Redevelopment Plan and 2014 Heart of Boynton Plan are the result of input and direction gathered from the community on the conceptual commercial and residential development elements, the various land uses and zoning categories, and supported design features desired for future redevelopment projects within the corridor(see Attachment 1). The CRA Board has been earnestly discussing the development potential for existing CRA owned and adjacent properties within the Martin Luther King Jr. Boulevard Corridor since their January 18, 2018 meeting (see Attachment 11). At their February 13, 2018, staff provided the CRA Board with possible development options as directed (see Attachment 111). At the March 13, 2018 meeting, the CRA Board directed staff to present various incentives and options for their consideration as the agency prepares a Request for Proposals and Qualifications (RFP/RFQ) in order to solicit redevelopment interest in these sites from the private sector community. As with most RFPs, the CRA has an opportunity to provide incentives such as land, funding, design and site plan assistance, development infrastructure support and partnerships to the private sector developer to make desired redevelopment projects more attractive and financially feasible. The Board could choose to describe the project type or site area of development in very specific or loose terms. The broader the proposal scope and requirement, the less restricted the private development firms will be in how they approach putting together their proposal. The RFP should also encourage potential respondents to acquire adjacent properties for a larger, more impacting project wherever possible. Currently, the CRA has approximately $1.2 million in the FY 2017-2018 budget identified for MLK Jr. Boulevard Corridor Redevelopment with the authority to make funding category adjustments. Additionally, the CRA owned vacant land with the appropriate land use and zoning designations is ready to accommodate the Plan's desired mix of commercial and residential type development. The Board could consider offering the entire value or a reduced value of the land as a financial incentive. See Attachment I I for a map of CRA owned properties. BACKGROUND: At their February 13, 2018 meeting, the consensus from the Board was to seek community input prior to procuring design and development services for any future redevelopment project. The CRA Board voted to assign further review and discussion of this item to the CRAAB with the goal of utilizing CRAAB as a forum to receive additional community input on desired goals and outcomes. The CRA Board requested a recommendation from the CRAAB as to whether or not the CRA-owned properties should be redeveloped for commercial, residential, or mixed-uses. At the March 1, 2018 CRAAB meeting, 38 members from the community attended. Of the attendees, 12 members spoke during public comment for the item (see Attachment IV) and the CRA received an additional 11 comments cards (see Attachment V). The CRA also received a petition with 201 signatures for specific redevelopment uses (see Attachment VI) and emails from members of the public who were not at the meeting (see Attachment VI 1). FISCAL IMPACT: FY 2017-2018 Budget - Project Fund Line Item #02-58100-203 - Architectural Services: $150,000; and FY 2017-2018 Budget - Project Fund Line Item #02-58200-406 - MLK Corridor Redevelopment, CRA Property: $1,200,000. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan, 2014 Heart of Boynton Plan, the Downtown Vision & Master Plan. CRAAB RECOMMENDATION: To be determined. CRA BOARD OPTIONS: To be determined. ATTACHMENTS: Description D Attachment I -2016 CRA Plan - Heart of Boynton District D Attachment II - Map of CRA Owned Properties D Attachment III -Conceptual Design D Attachment IV -CRAAB 03.01.18 Meeting Minutes D Attachment V -Comment Cards D Attachment VI -Signed Petition D Attachment VII - Emails r a� 'BOYNTON"' oil 0 0 E AC ,; RA- 710 N. Federal Hi hw , Boynton Beach, IFI.. 33435 Interim Executive Ileac , Mi&hael Simon 561._600-9091 Website: www.catchboynton.com Email: simonm@_bbf1.us r 2016 Boynton Beach Il��ti Community Plan- Heart2' fr +l} (Pages 105 through 117 of the 2016 Boynton Beach Community Redevelopment Plea ) '# vN Introduction Planning Challenges Planning n rats n The Vision Recommendations 105 r U VUL� f or C. Stanley Weaver (C-Canal) canal to the north, I-95 to the west, N.E. 3rd Avenue to the south and the The Heart of Boynton District is a 380-acre FEC rail line to the east. The area is within walking neighborhood developed predominantly with distance of the Cultural and Downtown Districts. single-family homes. The neighborhood has several parks, two public schools and numerous A major arterial road—Seacrest Boulevard—runs churches. Unfortunately, it has been the victim through the neighborhood north/south. Martin Luther of disinvestment over the last 50 years. The two King, Jr. Boulevard, once lined with locally-owned Census blocks of Tract 61 which encompasses businesses, runs east/west. this District have the median household income of$20,848, the lowest in the City. There are two public elementary schools in the neighborhood, Poinciana and Galaxy. Both schools To counter the decline of the neighborhood, in 2001 are STEM schools (Science, Technology, Engineering the CRA and City adopted the Heart of Boynton and Math). Community Redevelopment Plan. The Plan was updated in 2014 to reflect the achievements of the There are a number of parks and special use areas original plan and add new projects to reflect the within the neighborhood, such as, Carolyn Sims � Community Center, Galaxy Park and Scrub and Sara 3�kf current market conditions. {{#f Sims Park. A number of recommendations of the original CRA Plan have been implemented, including: Gt1�} _`. The demolition of the Cherry Hill public housing project • The redevelopment of the Boynton Terrace �k site–Ocean Breeze West– into 21 single- family homes • Redevelopment of Wilson Park and into Carolyn Sims Community Center • Expansion of the Palmetto Greens Park • Redevelopment of Sara Sims Park – Master Plan created, property acquired • Streetscape Improvements on Seacrest Boulevard • Redevelopment of Martin Luther King, Jr. Boulevard – Property acquired and Family Dollar developed • Development of new housing – 60 new single family homes developed In partnership with nonprofits, the City and CRA. The Heart of Boynton District is bounded by the 106 f„} r„ ) Z,sy( t` 3 �,r , „ , S . 1 _� t ,.,, 7 ,,.,1 , t ,,, h(i r ll6,,,1 1\,r(11,}1,.1ts\1 i-,i, ,,1➢t V11r 1, ,, t€,,s r,. tr) ,}, „t t,1�7,.+\tl42ri�ah:,rs1 rt1 c}1r,\\)�1+sc.,v ,,,,;t#1# cvl,\,vb,tr\htV ,t} � ,,. r H% ! #i?,` .,;tt -` '� 1,,`py� � +��' M'i �. GEt R.,• �to �� '��}S t F=,, IV Ave. 1Y �trs MLK,JrBlvd' t "s ' 1 It is��)a 1�z�,� �, ?•� � r � 1, 4SN4r CMN 6th Ave 7 �� m r l� a r> r- i,� �rsn{� {�Jm` ro ;�� ) � a „� I'u,` �k ter �• � „" Ilk � r�'r=�; s� NE 3rdrA►ve. Grp?11it' r 1i } <�. 2 V111�{r7r�tt)irs s rp t o � �t4rlt�1}�i,., t,��t itVr v t } 1y} h k,l�rlt�f• nt � slt�tt �Jt11� �, � � �riia 'n ,,, tti� �� ' s it� {'�''�� A'�'' � vt�� ➢i � � t ` BO)/tl-iot Be1ChBIV d PlanningChallenye The Heart of Boynton area suffers from an aging the neighborhood; clearly, the road is not presently and poorly maintained housing stock. The CRA designed at a neighborhood scale. and City, in partnership with local non-profits, continue to develop single-family homes, but Both Seacrest Boulevard and Martin Luther King, Jr. there is a need for quality affordable multi-family Boulevard have older, ill-maintained power poles with rental housing. The problem is that—given low overhead utilities, causing a "visual blight." median household incomes—it cost more to build even modest apartments than many of the families can afford. This gap will has to be filled through some form of a subsidy. l Another major deterrent to private investment is the visible blight and crime. There are still a number of small convenience stores that allow loitering and illegal activities for all to see, �, << u'{ discouraging people to buy homes or invest in businesses within the area. t£ The District is comprised of small parcels platted in the 1920's 1930's, during Florida's land Figure 58: Example of District Planning Challenges boom. The parcels are owned by many different G� people making assembly of a developable site Jk very difficult and expensive. Moreover, many owners have an unrealistic sense of the value of their property. Over the years, the neighborhood has lost most of their retailers and service providers. There is no full service grocery store and only one take- out restaurant. The majority of commercial use is represented by convenience stores. A new Family Dollar store at the corner of Martin Luther King, Jr. Boulevard and Seacrest Boulevard has been a welcome addition, but there is a need for more retail services. The neighborhood is bifurcated by a four- lane Seacrest Boulevard, which has only one signalized pedestrian crossing even though there are two elementary schools in the neighborhood. The width of the road and drive aisles encourage speeding through 108 Plann n Cons d tons Several factors were considered in determining the Historic District. There are a significant number of land use designations for the Heart of Boynton District. historic cottages located along both sides of NE A future commuter rail station for the planned Tri- 3rd Avenue and the south side of NE 4th Avenue Rail Coastal Link service, which will serve the South between N. Seacrest Boulevard and NE 1st Street. Florida metropolitan region, is planned for downtown at In order to protect these cottages while allowing N.E. 4th between Ocean Avenue and Boynton Beach commercial redevelopment of the south side of NE Boulevard. To improve land development patterns 3rd Avenue, the Plan recommends that: in advance of station development, the City adopted a Downtown Transit Oriented Development District . The historic cottages from the south side of (DTOD), covering a '/2 mile radius around the station's NE 3rd Avenue be relocated to the vacant location, including a portion of the Heart of Boynton.The lots on the north side of NE 3rd Avenue. DTOD district regulations support increased intensity of development through a 25% density bonus. . On completion of the relocations, a historic district, tentatively called Shepard Funk A second consideration is the Transportation Addition Historic Cottage District, be created Concurrency Exception Area (TCEA) which, in addition within the block enclosed by N. Seacrest to the residential exception area applicable east of I-95, Boulevard, NE 1st Street, NE 3rd Avenue, exempts all development from the Palm Beach County and NE 4th Avenue. tr{ traffic concurrency requirements thus allowing denser development. 1;, t1S;< The Plan recommends increasing density within , the area where the TCEA and TOD designations overlap. However, because this District is a low- scale neighborhood, no increase in height over 45' is recommended. Rd 4 F t 4! ! K 1 X n f E t 4� { m W "F7 . rs e 5 vemwckw .Yinµ i' If. Figure 59: Historically significant cottages in the HOB 109 Vision The Heart of Boynton area will become a model neighborhood, with its unique character and history preserved. The vision includes enriching the original vernacular architecture of the neighborhood, investing in housing and commercial uses, and connecting both through the pedestrian and vehicular networks. Recor men "honsR 'tr°eetsc Streetscape enhancements are recommended for the Seacrest Blvd and Martin Luther King Jr. Blvd. The space for these enhancements may be obtained through either right-of-way dedications or public easements. The enhancements should include: • Implement a Complete Streets program for Seacrest Boulevard and ML K Jr. Boulevard to accommodate bike lanes and bike racks, widening of sidewalks, decorative street lights, street furniture, and on-street parking. • Marking of major intersections with materials such as pavers, paint, etc. • Enhanced median landscaping Bus shelters (will be required as part of new construction) Additional signalized pedestrian crossings (including mid-block) along Seacrest BoulevardAddition of canopy street trees GkI- t Creation of a Pedestrian Zone inviting,that is acent to the adjright-of-waysg, safe and includes: 1,'tt • Minimum 8' wide clear sidewalk 1, Decorative light poles at both the vehicular and pedestrian scales _<< Require installation of canopy trees that provide immediate shading at time of construction Undergrounding of overhead utilities • Creation of a greenway to connect the greenway proposed along NW 1 st Avenue, Sara Sims Park, and Wilson Park per the Connectivity Plan • Creation of an eco-trail to connect the existing scrub and linear parks per the Connectivity Plan 110 w a „ 1 + A + r � 4 ��t a'i JA�m ,, ��p ,..i +� sib• fir^.` r _�..a, - �` `' � ' �nE$'_ �+ :. ice.= a .,F,a �, ,s+��f,., � +�� ,a 6��i- 1�S Figure 60: Seacrest Blvd Streetscape Area Figure 61: MLK JR. Blvd. Streetscape Area 1! 45'Max. RES. WOW RES. �. . RAS, gip � 1 InG.I+.. $ U a Figure 62: MLK JR. Blvd. Street Section III R cor r or d -ions: Land s The existing land use designations within the Heart of Boynton District are: • Low Density Residential — 5 units per acre (all of this land use designation is concentrated on the west side of Seacrest Boulevard. • Medium Density Residential — 10 units per acre (this land use designation is concentrated on the east side of Seacrest Boulevard) • High Density Residential — 11 units per acre (currently over the Ocean Breeze West development and along W. Seacrest from N.W. 8th to N.W. 9th) • Mixed-Use — 40 units per acre (this land use designation is placed on the CRA-owned Ocean Breeze East block and on CRA-owned property along MLK, Jr. Boulevard) • Local Retail Commercial, General Commercial, Industrial, Recreational, and Public & Private Governmental/Institutional Below is a table of the proposed land use and zoning designations that will apply within the Federal Highway Corridor District: Table 7: Recommended Future Land Use (FLU)Classifications within the Heart of Boynton District Gt1�; DENSITY MAX LAND USE DENSITY CORRESPONDING ZONING CAP HEIGHT `s Mixed Uwe 50 MU-2, MU-3 50 75' t! Medium* " Mixed-Use Lbw 20 MU-'I 20 45` High Density Residential 15 R4,I'PUD 15 45' Medium Density Residential II R3 I'PUD 11 45' Low Density 75 R-'I-AAA, R-'I-AAB, R-I-AA,R-'I-A,R-1, Residential PUD 7.5 45' Local Retail Wa C-2, C-3, PCD Commercial n1a 4 ' General nla C-4 Commercial n1a 45' Industrial n1a M-'I n1a 45' PPGIrVa Public Usage Wa 45' Recreation Wa Recreation n1a 45' *Properties located within the TOD may recieve a 25%density bonus 112 Figure 63: Recommended Land Use for the Heart of Boynton District rt f} e 1) \t s 4 r , ( s r. f.z ti I ,tt r p 0 LEGEND ��i(�f�4ndustrial(I) .Law Density Res dent'.1(LDR)5 d.f.. Medium Density Residential(MDR)11 duJaC High Uensity R-6-NA(HURH 5 dWac Special High 17ensity Res0e0a1 iSHDR)20dutac In511tue1'ional(PPGI) Local Retail Commc+rcial(LRC) Gaieeral Commercial(GC) �r ..............Mixed Use Low(MDL)20 duf3c Mixed Use Medium(MUM)50 dufac Mixed Use High(MUH)00 dw`ac TOD 113 Recommendations: Urban Desi n • There are three architectural styles of historic structures in the Heart of Boynton: Mission, Frame Vernacular, and Mediterranean Revival. When building in this District, new development shall attempt to utilize one of these architectural styles. • A Historic Cottage District should be considered adjacent to the proposed Cottage District; where feasible, historically contributing cottages in the area shall be relocated in the Historic Cottage District. • Commercial buildings fronting MLK Jr., Boulevard and/or Seacrest Boulevard shall maximize the amount of glazing. • Residential buildings fronting MLK Jr., Boulevard and/or Seacrest Boulevard shall be designed to have pedestrian access from the main road and have front door facing the main road. • All buildings along MLK Jr., Boulevard and/or Seacrest Boulevard shall be set back to allow for a pedestrian zone. • Approximately 75%of the lot frontage must be occupied by structure and be adjacent to the pedestrian zone. • Buildings fronting MLK Jr., Boulevard shall be a maximum of two story and stepped back to continue I+ to the maximum allowed height in the designated Zoning District. g g g Parking shall be located to the rear or side of the buildings Curb cuts shall be permitted on Boynton Beach Blvd only when access is not possible from the rear lx} or side. • When adjacent to commercial uses, single-family areas shall be protected through the use of landscape buffers and/or walls as appropriate. Figure 64: Heart of Boynton Projects w MLK r s t Commercial 4 � Multifamily Model Block — Sara Sims ark— , can Breeze u East � 1 Cottage istrict—Pr sed Historic . ., Cottage District 114 Sara Sims Park Expansion Working with residents of the community, the CRA and its consultant created a master plan for the expansion , and improvement of Sara Sims Park. The CRA has also purchased seven properties and deeded them to the City in preparation for the eventual expansion of the park. Staff will review the feasibility of convertin " a portion of Sara Sims Park Master Plan, along the western boundary, from Recreational Land Use toy';, Single Family. This process shall include a public ` meeting, the Parks and Recreation Board review and recommendation, and Clty Commision approval. Figure 65: Sara Sims Expansion Ocean Breeze East The CRA owns 4.5 acres of vacant land east of Seacrest Boulevard between N.E. 6th and 7th M, Avenues. The CRA is seeking a private development partner to build a multi-family project on the site. ; trot Cottage District The CRA owns approximately 5 acres on the block Figure 66: ocean Breeze East tit between N.E. 4th and 5th Avenue. The CRA's goal for this site is to attract a private development partner } to build single-family for-sale homes in the style of the surrounding historic cottages. yWvtt R MLK Commercial " Leveraging CRA-owned land and economic development grants, the CRA was able to bring a Family Dollar store to the Martin Luther King, Jr. Boulevard corridor in 2015. The CRA owns `' additional land on the corridor and continues to Figure 67: Cottage District work with developers to attract new and needed neighborhood retail. MLK Multi Family Utilizing CRA-owned land, the CRA is seeking to attract a private development partner to build a multi- family development along the Martin Luther King, Jr. Boulevard corridor. The development may include commercial uses. 115 f t��'., S� J t Ott\r iia s1 �f.. r n t s» tr t tis r r � 2 � t} g"U� t t rC�;lCutg' f , St 4itbr t 3 t i #r�;� ,�'i>31ra?S}k t<7}il 14t�tit�4`tttl�tSF at ab4 s��a i it t ;� t f��ts`SA aVk t H'�t itiY 4 sP�si n�&wi ttS*�iteas�4� Gt11 ,1 t� Gx Figure 68: Example of a Commercial Project on MLK Jr. Blvd. N 116 jj ### } J �•� �� 34({t,$r}iii -+, - {:F� I.��f' � � {s ,,, r,��\,4��1�� r �;si;I'> ��, + �t t,• � ��# tfi4,t,ri�,, , a 4 i _A It r1Al� �3 r ry s ^R 3 9 p3 ,ci aq�ti , S Figure 69: Example of Multi Family Project on MLK Jr. Blvd. 1� ti 117 , r , 4 f I 3 r' \ t x ,. X11 nn, { + I i , ti i� { � � I r , + (44 � sr fJ C� A d 1 S&y:t s ,}y Mot s:{ z {5{stt r=`so},. 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Ui ai{t 4.;ii$ S lits i'� s £ Ca t � i r 1 tt�bx}k. a Ctr}f Fr IN ' r4 +t rs�t'� Q1 `.. �� _._..�. .n�.,�:�> _, ,nc�r¢,, x,.��a��mn�c..w.uu�nrr � .r...�r!4�r Usth�i31(ts�4 au4lns��:�; r }ru? "'•+F="s4�t Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 Further comments from the board reflected their desire to not expand the grant criteria, although Mr. Hendricks' concern was the low number of people applying. Ms. Shutt said that leftover funds would roll over to the next year. [Vice Chair Pollock arrived at 7:27 p.m.] Dr. DeVoursney advocated for opening up the categories at the next budget hearing. Ms. Shutt advised that in a regular budget cycle, they would start advertising for a grant in June, do a workshop, and have recommendations by August. She said they started late last year. Motion made by Dr. DeVoursney, seconded by Mr. Murphy, to keep the grant to involve economic and business development for the remainder of the fiscal year 2017/2018, and to keep the review committee for the grant at the current census. In a voice vote, the motion passed unanimously (7-0). 3. Discussion Regarding Redevelopment Options for the CRA Owned Parcels within the MILK Jr. Boulevard Corridor Chair Cross wanted to hear public comment first on the potential development options in that area. Public Input Victor Norfus, 7849 Bench Center Way, Boynton Beach, said he owns property on Martin Luther King Boulevard East and has lived in the community a long time. Mr. Norfus mentioned several organizations that were here in the past and should be resurrected: the Community Resource Center (job resources, employment activities, nonprofit community organizations could meet, CRA outreach programs held). They need buildings for businesses, but they are torn down. Also needed is a shopping plaza (something like Sunshine Square) with several floors upstairs for rental apartments. He recalled that most of the business started on Martin Luther King Boulevard and went west. Reverend Bernard Wright, 713 NW 2 Street, Boynton Beach, said he distributed a petition for a commercial cultural hub. He read the petition (which has 160 signatures) for the record. The hub would include state- of-the-art game rooms, recording studio, restaurant, billiard room, and a concert hall. The cultural hub would be at the former location of the Continental Club. It would also serve as a community resource and information center. He said he could bring recording artists to Boynton Beach, bringing money back in. He spoke of the various groups that could benefit from the hub via a re- entry program. He said he opposes gentrification and had his "people's interest at heart." Dr. Martha Meeks Light, NW 6 Avenue, Boynton Beach, said she has been connected with the CRA since its origin. She advocated for a multi-cultural learning/training center 6 Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 for children to learn skills so that could pass tests for licensing or certification for jobs such as nursing or carpentry. Children also need paid tutors. She wanted a grant for computer skills to be taught at the Recreation Center in the daytime either at Ebell Hester or Carolyn Sims Park. David Katz, 67 Midwood Lane, Boynton Beach, said that this meeting was advertised on the City website as a "community meeting" for the redevelopment of Martin Luther King Boulevard. He said he has sat through numerous meetings on the subject, and said it was time for the CRA Board and staff to pay attention to the petition brought by Reverend Wright. Vice Mayor Justin Katz, 1353 Via de Pepi, Boynton Beach, stated there was no way that the project would come to fruition if they tried to prescribe the types of businesses that go there. He said the reason there has been no commercial development on Martin Luther King Boulevard is because it is not a profitable area, to draw in business owners or investors. He supporting allocating $1.5 million of CRA money to build commercial shells on the property on the north side of Martin Luther King Boulevard and Seacrest Boulevard, because he felt the government needed to identify that corner as a "market failure." However, the CRA Board rejected the allocation, so the CRAAB must figure out a way to stimulate economic, commercial, or mixed use development working within a budget of less than $1.5 million. Vice Mayor Katz continued, requesting that they do not attempt to prescribe businesses that must go there, because it will pigeonhole them into forcing certain businesses in there. At a recent community gathering to discuss the shootings in Boynton, the majority of those present said that they do not want a club in east Boynton Beach. They said the clubs are the origin of problems in their neighborhoods. John Danes, 370 NW 17 Avenue, Boynton Beach, said he has worked on Martin Luther King Boulevard for the last 21 years at Robinson BBQ. He said they are stable business and should be part of the economic development. They have fed the "entire community" for 16 years at the summer holidays at Intracoastal Park. In 2005, they opened their doors to the community because they have a gas stove and did not charge their customers anything to eat. Reverend Bernard Wright came up to microphone again. He said the CRA Board and the City Commission are two different entities, but yet the same entity. He said they know the solution is redevelopment. He lamented how long it has taken to get things done in the area. Willie Aikens, 726 NE 1 Street, Boynton Beach, President of the Heart of Boynton Neighborhood Association, said that Martin Luther King Boulevard has been misused and overlooked for over 60 years. He faulted the CRA for not advocating funding for redevelopment. He spoke in favor of the cultural center as a multi-purpose center for job training as well as for recreation. Mr. Aikens said that the neighborhood does not have what other districts do, and the CRA needs to start work there. 7 Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 Pastor Richard Danes, 223 NE 12 Avenue, Boynton Beach, said he serves as President of the Boynton Beach Coalition of Clergy. He believed that more than 150 people reside in the Heart of Boynton District, and they need the multipurpose building on Martin Luther King Boulevard. He asked how they expect the situation to improve in the corridor if something does not change. They need to move forward, and move smart. Mark Karageorge, 248-A Main Boulevard, Boynton Beach, said that the Coalition of Clergy has always been the voice of reason. He said there have been many opportunities for development turned away due to market study results or requests for land assembly. He said there is now a possibility for land assembly. He spoke about his effort to get a Darden Foods on Martin Luther King Boulevard. Mr. Karageorge said they need to keep all options open. Ray Whitely, 223 NE 12 Avenue, Boynton Beach, said there is a great opportunity because there is now an aggressive board that is pro-development. He clarified that they have to be strategic, noting there is more than one parcel on Martin Luther King Boulevard and they do not have to pursue land assembly. He suggested the Town Square area could complement the development on Martin Luther King Boulevard. That way the community wins, and the CRA wins. He said they have to begin with mixed use. Chair Cross asked members of the public to fill out comment cards and put them on the table at the back. Chair Cross said there is still $1.5 million or more in the project fund for investment in the Martin Luther King Boulevard corridor. She said there are three options: • Have the CRA utilize existing architectural contracts and prepare bid documents for somebody (design, bid, build) • Get pre-qualifications of contractors • Build to suit Chair Cross suggested that this board needs to recommend a way forward for the CRA Board. Ms. Shutt clarified that the "build to suit" would be for the CRA-owned properties. The design build is a method used with the contractor from the beginning. He is responsible for the designers as part of his complement of his team. It is a shorter process. She said they were recommending a shell that would accommodate the permitted uses - there could be tenant space. They would have to be sure that delivery trucks and trash pickups could get into the property. Ms. Shutt continued, noting that the land is good only if pieces that are large enough to design and build a building per Code. The northern parcel can accommodate a 5,000 square foot building. She said some small office/retail/nonprofits have expressed 8 Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 interest in occupying the building. The space would be flexible for neighborhood- serving uses. Dr. DeVoursney commented that the City has a history of successful concepts, like Ocean Breeze West and the marina. If a concept is put together, they might be able to achieve something. He described the Dallas Heritage Village at Old City Park, which was built on the concept of what life was like there before 1910. He suggested going to the local Historical Society and get photographs showing what the Continental Club looked like, and then rebuild it. He said they could make it an attraction for everyone, and the economic development would bring safety. Dr. DeVoursney emphasized they would have to make the concept first and invest in the concept, so that the developers would see the value in it. He added they could make it a Brightline stop. Mr. Barber believed that development needs to happen, and he is in favor of whatever process moves it along the fastest. He said the community needs to be more realistic about what is going to work in the area, as well as why the area is now seen as desolate. If the people who signed the petition will not call the police or help stop crime, any redevelopment that goes in the area will stagnate. Mr. Barber praised Reverend Wright for gathering the signatures, but said the community needs to take ownership, as does the City. Reverend Wright said they need to change mindsets. He agreed that through their leaders, the community needs to take ownership. He said they need the information and the education from their leaders. Minister Bernard Macon, Coalition of the Clergy member, said that there used to be a lot of crime and drug deals on Seacrest Boulevard, but the economic development there improved it. The community, the police, and the CRA came together came together to build something much more positive. He said that the area under discussion has the potential for economic growth, although nothing has been done. It will take a group effort. Mr. Hendricks confirmed that visioning and studies for the street have already been done, and they need to establish the architectural vision/guidelines for the street. Mr. Simon mentioned that the Heart of Boynton Community Redevelopment Plan established building heights, type of architecture, etc., to provide the investment community with guidelines. He said that the Family Dollar store was the investment for the first commercial project in 40 years on the corner. Mr. Simon continued that the CRA's job is not to invest in the items beyond the shell of a building -- that would be the job of the investor. After the community decides what they want to do, the community and the CRA have to find viable businesses to fit. The input 9 Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 from the public at this meeting will go to the CRA Board. He advised against recommending just design/build. Chair Cross reviewed that the community wants mixed use, multi-use, culturally significant, and historically based development. She asked if it would be possible with this particular property to put residential on top and have the shell on the bottom. Mr. Simon noted there is a concept based on square footage and parking requirements, and the map on the screen shows what the CRA has control of at this time. The question would be whether to start dividing up the CRA sections and draw others, or wait until the largest piece can be amassed first. Another question would be if the CRA wants to invest its funds to start building the project. It needs streetscaping. If the CRA goes forward now, there would be site plan approval (four to six months) plus multiple funding years, public meetings, and acquisition of more property. Mr. Simon felt they need to move the factors out that are stopping development, or people will not be comfortable going there. He was disappointed that Family Dollar went downhill instead of raising up the neighborhood. Chair Cross said she heard the following from the community: • Be flexible • Begin with mixed use concept, maybe work in tandem with Ocean Breeze East • Community outreach center including job training, tutoring, computer skills • Shopping plaza, restaurant, concert hall, game room, billiard room Mr. Simon thought they could activate the Carolyn Sims Center with a computer center, etc. Mr. Hendricks commented that while he loves mixed use, right now they can afford flex use commercial space (one story) and redo parking. Dr. DeVoursney asked if they could invest in the streetscape design first so it looks appealing, pointing out they did it that way for Boynton Beach Boulevard. Mr. Simon, however, was not sure that would work for Martin Luther King Boulevard because of the drug problem. He thought the streetscape development should go along with the building - they have to go hand in hand. Mr. Simon spoke about the other improvement projects currently underway. He said there is more than enough money to design many buildings in the professional fee budget, and the $1.2 million will not have to be touched for months. Ms. Shutt remarked that they need outreach to the community and business leaders to ensure that what goes in meets the needs of the community, and Chair Cross asked if anybody had said they would move in if a building were constructed. Ms. Shutt said 10 Meeting Minutes CRA Advisory Board Boynton Beach, Florida March 1, 2018 they would build the shell, mechanical/electrical infrastructure with handicap bathrooms, and it would up to the developer to come in and outfit the paint, drywall, flooring, etc. Ms. Shutt said some nonprofits responded, but no commercial or job-generating entities. Some business entrepreneur leaders that have come out of their training said it would be nice to have spaces in the CRA District that they can come into. She said if the right business came in and the community could benefit, they could help with incentives to help with overhead and initial stages of the first year. Mr. Hendricks said there are still some great shops and restaurants on Old Northwood, but it was a "heavy lift" at first. Anthony Mason, 301 NE 10 Avenue, said he runs a barbershop on Martin Luther King Boulevard that has been there for many decades. He said the community has been waiting for development, and they will come if it is built. He said that business is booming and they need more space. Motion made by Mr. Barber, seconded by Mr. Murphy, to recommend that the CRA Advisory Board consider Option #3 (The CRA would issue a Design/Build request for proposal or RFP for an entity which will provide a guaranteed maximum price for the design and development of the site approximately 12 months.). In a voice vote, the motion passed unanimously (7-0). 4. Discussion Regarding Redevelopment for 1110 N. Federal Highway Mr. Simon said the CRA purchased the property but it is not viable to renovate it. They received a Solid Waste demolition grant for $65,000 to do the cleaning and clearing of Cottage District to improve the Public Works facility. Another application has been submitted to the same grant program which will include the demolition project. It is not large, but is on a "great corner." They have had numerous meetings with the property owner on the east side (multi-plex) and on the south corner (vacant building) in efforts to acquire the property. Discussion ensued about what was/is on the various properties in the area. Chair Cross recommended adding other properties to it. Mr. Hendricks suggested using the lot for parking for the church, but Mr. Simon advised that the City would not let them use it for a parking lot without striping, lights, paving, etc. He added they would clean up the lot after the building is demolished. [Mayor Grant joined the meeting.] Motion made by Dr. DeVoursney, seconded by Mr. Barber, to not develop it at this time and look into land assembly to the south and to the east of the property under discussion. In a voice vote, the motion passed unanimously (7-0). VIII. CRA Board Items for CRA Advisory Board Review & Recommendations 11 j 7 � � c w J zm i W ou tn N W ?� LV c W C z a ®" Qj s .� Luzm , a W r �. .. 9�1 ou CD tA to Z } UJ w LAJ t ' i UJ Z r O a w ou LLJ .. } t W W LLI z Q o r WCC Z J d W ou 17: V) z (ry W W W Z Q % r J4. co \ \ � ; . \ . \ : \ \ ^ < \ L . IC- 2 \ � \ \ \ \ j ZLLJ IA L-L - \ / - / � 6 � ui : w LU . Z Q u ` . r 8 W a. w ou ZLU -- tA s� C, S W ui ¢ ® ® -4 Cry z ¢ v E 1 � cc t zm z a w j W w zuw 1 99 w a w ou Vb (A W LU 2f k C uiou .. Y • a w 1 NJ j Z W _7 eaC Q ® p g � e j rW C 'rz ale ou .. U zs 'S cii t cii Z cn W W 7 z UJ a f d W ou rw r Q5 t } cn cW v W LJJ W C � v 8 m cae t .r�,.,.a➢' UJ 0 Q � d W oum j a i r Z sa W LLJW Z Q TO WHOM IT MAY CONCERN, WE THE UNDERSIGNED WHO ARE GENERATIONAL RESIDENTS AND STAKEHOLDERS, IN RESPECT TO REDEVELOPMENT ON ROBERT E. WELLS MEMORIAL AVENUE(AKA) MARTIN LUTHER KING BLVD. DESIRE TO HAVE A COMMERCIAL CULTURAL HUB WHICH WOULD INCLUDE NUMEROUS REVENUE GENERATING COMPONENTS INCLUDING BUT NOT LIMITED TO: I) STATE OF THE ART GAME ROOM 2) STATE OF THE ART RECORDING STUDIO 3) RESTAURANT 4) BILLIARD ROOM 5) CONCERT HALL THAT WILL ATTRACT NATIONALY RECONIZED MUSICIANS AND ENTERTAINERS THE DESIRED LOCATION FOR THE CULTURAL HUB IS WHERE THE HISTORIC "CLUB CONTINENTAL" WAS PREVIOUSLY LOCATED THE ABOVE MENTIONED CULTURAL HUB WITH ITS COMPONENTS WILL REVIVE PAST VIBRANCY THAT HAS BEEN LOST BUT NOT FORGOTTEN. THE CULTURAL HUB WILL ALSO SERVE AS A COMMUNITY RESOURCE AND INFORMATION CENTER. - HAVING A CULTURAL HUB IN THE HEART OF BOYNTON COMMUNITY WITH THE ABOVE MENTIONED COMPONENTS WILL INSTILL GREAT PRIDE IN OUR YOUTH, OUR FAMILIES, OUR SENIORS AND ALL WHO REMEMBER THE VIBRANCY OF ROBERT E. WELLS MEMORIAL AVE. /MLK BLVD. THE CULTURAL HUB WILL SERVE AS AN ANCHOR IN OUR COMMUNITY. HISTORY AND CULTURE ARE IMPORTANT IN ANY CITY. KNOWLEDGE OF ALL CULTURES IS EXTREMELY IMPORTANT. KNOWLEDGE OF ALL CULTURES IS IMPORTANT TO BUILDING BRIDGES OF PEACE AND ECONOMIC PROSPERITY WITHIN THE COMMUNITY AND CITY. r� . ld 6v to ig t4py wl a 3_ /� C/�^.��j( � ( c -Z-4 � � �® Cc�U�-'\ ,.� ,///) � ,..� ,gid N �2 -7. 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(�UQIr�'�' tel' �✓�f /590 �1 u� 3`� S+ g�y,�rk� &Ji A)w mc DaVA4-d-"v 5- ;L tc�� C-1 t,4 J, , 5� L7 T9 3 �- 167 /v liqT 7u 4f I'L 173 -)4j �/ �� r c�-� Ack, 33 3 °fyl ( VL 7 -7 Ito/ A) L L 7 AAe, Isoa APL�,�� S 5y7 N� �3�'�, ave dJc� �yA� Nicklien, Bonnie From: Lyndsey Runrun <lynzrunrun@gmail.com> Sent: Thursday, March 01, 2018 1:43 PM To: Nicklien, Bonnie; Romelus, Christina Cc: McCray, Mack Subject: MLK Jr. Blvd. corridor comments As a stakeholder in the community of Boynton Beach, I believe neighborhood development and placemaking must come from the neighborhood people, and not from the top-down urban renewal as the mayor was pushing. You cannot expect deep racial, economic, and justice divides to wash away simply with a new building like some of the commissioners and mayor want to erect. Yes, anchor jobs are needed, but since you have the once in a lifetime chance as community leaders, why don't you try to be innovative in order to lift a community up? Why not create a mixed uses project that benifits the neighborhood in more ways than one. For example, why not create a space for a local restaurant like Robinson's to have a new space and outdoor seating? Why not have a police substation along the corridor? (Which reminds me that recently a young man who is no saint, but who now has a daughter, said he wanted to move when he heard you guys were moving the police station to High Ridge. He said the reason it is better than north of BB Blvd. is because of the police station.) Why not have space for a local market because as many projects show that the direct economic benefits that result from placemaking strategies indeed amplify cherished aspects of local culture? This is the case with public markets, which can help struggling communities begin to rebuild and reactivate local identity and economic activity. Why not create a partnership with the CRA, Chamber of Commerce, library, and others, to create a black business incubator in order to foster a new middle class? The African American Library and Research Center in Broward County (Lauderhill) has a business librarian, SCORE workshops, an Small Business Resource Center. The cities of Memphis, Seattle, Atlanta (and more) have created black business incubators, along with city contract goals for minority and women owned businesses. As quoted from the article by Julia Craven about the Memphis incubator, Darrell Cobbins says, "If black businesses were thriving more in Memphis, they could employ more black people. They could open up vocations in these black communities," he said. "[People] would be able to economically reinvest in their communities and in the Memphis community, and just make it a stronger, more viable place to be." We need this for Boynton. Links: Seattle: https://www.geekwire.com/2017/black-dot-business-incubator-moves-bigger-space-opportunities/ Memphis: https://www.huffingtonpost.com/entry/memphis-black-owned- businesses us 59ba7c5ae4b086432b04a9be Atlanta: i https://urbangeekz.com/2015/02/business-incubator-targets-minority-owned-startups/ It cannot be overstated that the importance of community members' involvement in tackling neighborhood change is crucial. This knowledge also emphasizes the importance of creating places that benefit everyone - places that connect existing residents, instead of dividing, alienating, or displacing them, and places that enhance the existing character of a neighborhood, instead of erasing it (which to me sort of sounds like your poorly planned downtown Boynton development). A good portion of the residents around it are Haitian and tell me, how many Haitian or Black owned business will be in the downtown area? To you it is underused, but saying that it will connect everyone, rather than divide or displace, is unrealistic given deeply embedded racism and classism. When we say a park or a downtown is under-used, we should qualify that by saying "underused by middle-class professionals" if what we are objecting to is the presence of poor and homeless people who cannot afford to purchase a cappuccino as "rent" for a coffee shop table. When we talk about "activating public space", we should talk about who is already active in those spaces—people who in fact may have nowhere else to go. The ability to define an activity as desirable or undesirable, or define a "great place" or a "sketchy place" is a form of power that planners exert unthinkingly. In a "just city" residents can actually afford food at eateries and wares sold at businesses in their neighborhoods and, even more, they are provided access to services so they too can create businesses in the very locales they reside. When looking at businesses who will occupy the spaces in the downtown and MLK Parkway corridor, keep in mind that they need to appeal to all residents, especially those in the immediate vicinity. Why do you not have Haitian American celebrations and outdoor food festivals to amplify the local culture? Of course, there are significant challenges involved in creating equitable places in practice, and equally difficult to measure their success or "equitability." For example, how do we make public spaces truly inviting for all— what does this entail, and how might it vary from location to location? How exactly do we ensure that a community engagement process is truly inclusive? How do we fund equitable projects? How do we create places that work best for the people who actually use them? It's not easy and there is no foolproof blueprint... because cities across America are still trying to get it right... because you would be attempting to change the mold of gentrification and/or standard redevelopment, but I would argue that it is worth it for the community to attempt real lasting change, from the neighborhood up. Boynton can be the change so many want to see. Good luck! Sincerely, --Boynton Stakeholder P.S. For more information on placemaking please see www.pps.org (Project for Public Spaces). The blog is especially great for articles relating to communities such as ours. 2 Nicklien, Bonnie From: pr.group@juno.com Sent: Friday, February 23, 2018 3:10 AM To: Nicklien, Bonnie Cc: PR.GROUP@JUNO.COM Subject: : Letter to Cpl. Burt ! Attachments: IWO JIMA.JPG; Military_Museum_Interior_2 - Copyjpg; MILITARY DISPLAY.JPG; KILROY BULGE.JPG; MARINE DISPLAY.doc; OFFICERS UNIFORM.JPG;VETERANS FLAGS -i Pg DEVELOPEMENT MEETING TO YOUR ACKNOWLEDGEMENT RECEIPT APPRECIATED Advisory Board Meeting - March 1... 2018 Thuy Shutt, AIA, FRA-RA Assistant ircr Boynton Beach Community Redevelopment Agency 710 N. Federal Hwy. I Boynton Beach, Florida 3343 DEAR CONTACT MEMBERS THANK YOU FOR THE CONTACT OUR VINTAGE VETERANS MIGHT NOT BE ABLE TO ATTEND THIS MUCH NEEDED MEETING AND WE SEND OUR GREETINGS AND HOPEFULLY NEED OF OUR PROPOSAL OF THE BOYNTON BEACH VETERANS MEMORABILIA MUSEUM AND EDUCATION CENTER AS A DONATION FOR THE NEEDED DEVELOPEMENT PROJECTS. MAYOR GRANT HAS APPROVED OUR PARTICIPATION AND SEE ATTACH ENCLOSED PARTIAL IMPRESSIVE DISPLAY THAT THE RESIDENTS, STUDENTS OF ALL AGES AND TOURISTS WILL HAVE THE CHANCE TO VISIT THE ONLY VETERANS MUSEUM IN PALM BEACH COUNTY WITH ITS $10 THOUSAND DOLLAR INVENTORY RESPECTFULLY CPL BURT RICHARDS AND BOARD I am proud to have Corporal Burt Richards here to lead us in the Pledge of Allegiance tonight. He is the mon who spearheaded the successful action that caused all of Palm Beach County Schools to close on November 11, 2011 Veterans Day. Corporal Richards received the Palm Beach County American Red Cross Courage Award for Education. Congressman Ted Deutch honored Corporal Richards in the Congressional Record. He received the General Colin Powell Award for the Promise For Youth Advocate. During his educational visits to Schools, Corporal Richards is known for distributing FREE School Supplies, Books and more... His current and perhaps most ambitious project involves the launch of o non-profit organization that will open the Palm Beach County Veteran's Museum & Education Center. • fig � i��sSS�t_Sf�1�, � .3 1� � ttsr;,� i��f — � 1C Sir- �,(,.f 4}iil��4 ��s}�� "AWIll�7!11'11 All -- � �i}��i S))il1" � 54;1, ,: iy, ,�;�,, '. ,,._+t�� 1SA})�)� ai}��,r�jjj a, ,_.{ y,_�,�{ �� ,U, ,si aS�.ly�t'�s '}{}}psrt---� -. _ � ��Syl£�i y}t5 ££}i,,,„ �� } i - Ir�:.��ta:•�`,'�'#`r`� i£�i )�i)��`��Sr"��rtt�}� - � ._. �� t, t�� )r 11 �`�� Itt<� - '4� ��{t{rI l{£(> { � III c��>�{t'£��i£,r„�r �) t, ? � � �i� t�``. 1}��` j��„ r,,1S}�� ._ - �j( �}'�'w��"i "�`>mr I i � i I�� t 11 � � a�i)�1�tu)u�, �i��, �'� £ -i i ��__. I�1 £i rt S r '� �� t �+t £ ” a 9 �.}rpt a>�14t„�£,i}££j� F�,��£ £�,rc\ ��{�£1 4s��st�fi � t� - - �,,r 't£}\l��££l� £ " i� -��5��-` £ - £8 £ � � � i � >>�� £ �r, ��-_ �i a �� £ a _;: r �: ?, �_ 4i ��J�r f }.' Jl � s j °` `}'a � �� , �_ �, r i ,. � } K �� i � � £3� £ '��) ``` � urf � ,r~)" }��, �, ��££,; � �r£1 �� £ �1 ££ 1; } u 1 ii� -£� t fir{ � �� )�� Ott c 1 »{ 9 �� ! s� t � ��1S��S 5�>it i � it rrt�� rr�� 1 �s�1�1 r-it�{t£ks !� �1tu ��£`!! ��' - £ l �i�i f£ t j � �£ ££ Ifi£ ,�1 t£ £ �£i£ \ 4 I( S 4 I`J� � 1 � '. � �};9)l��hi}`111i£{��!),��r)lfi,t�)��i6}Z{��ty�� t £� $ - £t)£ ijr£}, �(�t 1�, ' r � �� { �` �_- `�, 3 p: x � t 1 1 rtr,1,05 lott sw f ,y 4 }� r i tis}s 1Y ( f,t nol t� Mi All, £ sh,ORO s, (S ' I mini, - sy 5 s Gr 46mm, IMP Igosh��s E1 s s s K 00 A 1 != t 11 st=i k f i ss4 1� ( YM1 � JII '�'a13 ' �fs1, �✓(d� i ,�' mopo a ' " �.................... s } sit!)1 Sy1yi� j is� l�, sit,44 q fly gt pp � ss �1 S1'fi S� 1¢is s �rt GsOgg'i i r ill moll, l f t s S sls r a- ftgI »t 11F�- i' ISO!, , 7 r c xx ,i h, �£ t Charlie Crawford, Crew Leader Recreation it Parks, Civic Center City of Boynton Beach �. 128 E. Ocean Ave. I Boynton Beach, Florida 33435 o: 561-742-6247 1 f: 561-742-6239 Crawford Ch@bbfl.us www.boynton-beach.org Like us on Face ba n!0 n 5 e C11 c,h [I L America's Gateway to the Gulfstream 8 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. "I"herefore,your e-mail communication and your e-mailaddress may be subject to public disclosure. t 'k [OY �rBN �r � � Y11 RA ADVISORY BOARD ITEM B.1. CRA BOARD MEETING OF: April 10, 2018 NEW BUSINESS CRA BOARD AGENDA ITEM: XIV.A. SUBJECT: Consideration of Purchase and Sale Agreement for the Properties Located at 211 NE 9th Avenue and NE 11 th Avenue SUMMARY: The CRA has been assembling properties along East MLK Jr. Boulevard since 2004 (approximately 1.55 acres north of MLK Jr. Boulevard and 3.26 acres on the south side of MLK Jr. Boulevard) as well as a number of scattered lots totaling 1.41 acres. Larann LLC, owns the vacant property located at 211 NE 9th Avenue, Boynton Beach, FL 33435 and the vacant property located on NE 11 th Avenue, Boynton Beach, FL 33435. Both properties are located within the E. MLK Jr. Boulevard corridor and MLK Jr. Multi-Family area as outlined in the 2016 CRA Redevelopment Plan - Heart of Boynton District and adjacent to several CRA owned parcels (see Attachment 1). The appraisal firm of Vance Real Estate Services performed appraisals of the properties on March 26, 2018 and determined the value to be $53,000 for 211 NE 9th Ave (see Attachment 11) and $9,000 for NE 11 th Ave (see Attachment 111). Larann LLC, has agreed to a contract sales price of $ 57,500 for both properties (see Attachment IV). The Purchase and Sale agreements have been reviewed and approved by CRA Board legal counsel. FISCAL IMPACT: $57,500 plus closing costs, FY 17 - 18, Project Fund, Line Item 02-58200-401 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan - Heart of Boynton CRAAB RECOMMENDATION: 1. Approve the Purchase and Sale Agreement for 211 NE 9th Avenue and vacant lot on NE 11 th Avenue 2. Do not approve the Purchase and Sale Agreement for 211 NE 9th Avenue and vacant lot on NE 11th Avenue 3. Other options to be determined by the Board CRA BOARD OPTIONS: To be determined. ATTACHMENTS: Description D Attachment I - Maps D Attachment II -201 NE 9th Ave Appraisal D Attachment III - NE 11th Ave Appraisal D Attachment IV - Purchase and Sale Agreement and Addendum , r , 4 f I 3 r' \ t x ,. X11 nn, { + I i , ti i� { � � I r , + (44 � sr fJ C� A d 1 " > E z e I� ' I 1 y l 1 s ili' 1 1 L yi t ) S t r v. 1 �yS If rl� t E rl fit �s} APPRAISAL REPORT VACANT LAND 211 NORTHEAST 9 AVENUE BOYNTON BEACH,FLORIDA 33435 by Vance Real Estate Service 7481 Northwest Fourth Street Plantation,Florida 33317-2204 for Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 March 26, 2018 Vance Real Estate Service sf, March 26 2018 = t E Boynton Beach Community Redevelopment Agency � �`�`}�' 710 North Federal Highway Boynton Beach, FL 33435 - i i RE: Vacant land, 211 Northeast 9 Avenue, Boynton Beach, FL 33435 (Legal description is in the report) Ladies and Gentlemen: In fulfillment of our agreement, we transmit our Appraisal Report, in which we develop an opinion of market value for the fee simple estate in the referenced real property as of March 26, 2018. The report sets forth our value conclusion, along with data and reasoning supporting our opinion. This report was prepared for and our professional fee billed to Boynton Beach Community Redevelopment Agency. Our analyses have been prepared in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP 2018-2019). This report is for exclusive use of the client for possible acquisition. ! Jesse B. Vance, Jr. and Claudia Vance visited the property. If you have questions or further needs, please contact the undersigned. As a result of our analyses, we have developed the following opinion of the market value of the appraised property, subject to definitions, certifications, and limiting conditions set forth in the attached report. FIFTY-THREE THOUSAND DOLLARS $53,000 I (THIS LETTER MUST REMAINATTACHED TO THE REPORT WITH SEVENTY-FOUR(74)NUMBERED PAGES FOR THE VALUE OPINION SET FORTH TO BE CONSIDERED VALID.) Respectfully submitted, Jesse B. Vance, Jr., MAI, SRA, ASA State-Certified General Real Estate Appraiser RZ-85 Claudia Vance, MAI State-Certified General Real Estate Appraiser RZ-173 MBA in REAL ESTATE DEVELOPMENT&MANAGEMENT 7481 Northwest 41h Street,Plantation,FL 33317-2204 954/583-2116 -- TABLE OF CONTENTS Pate Number Title Page i Letter of Transmittal ii Table of Contents iii INTRODUCTION 4 Photos of the u �ectProperty 5 1-3-5 Mile LocationMap 7 1-3-5 Mile Summary of Demographic Statistics 8 Summary of Important Facts and Conclusions 10 DESCRIPTIONS ANALYSES & CONCLUSIONS 11 I entity of Client and Intended User 12 Intended Use 12 Identification of Real Estate Appraised 12 Ownership 12 Property Address and Legal Description 12 Real Estate Tax Analysis 13 Market Area Description 14 Zoning 18 Site Description 21 Real Property Interest Appraised 22 Appraisal Purpose and Definition of Market Value 22 Effective Dates of the Appraisal and Report 23 Scope of the Work 23 Summary of Information Considered 24 Property History 24 Highest and Best Use 25 SALES COMPARISON APPROACH- LAND VALUE 28 Land Sales es Location Map 30 Land Sales Documentation 31 Land Sales Comparison Chart 41 Valuation by Sales Comparison 42 FINAL VALUE OPINION 46 Certification and Limiting Conditions 47 ADDENDA 49 Acquiring deed 50 "R-2" zoning ordinance excerpt 52 "MU" zoning ordinance excerpt 60 Martin Luther King Blvd Overlay Zone parking requirement 62 USPAP Standards Rule 2-2a 64 Qualifications of the Appraisers 66 INTRODUCTION — � r1 z w�yk 1 t, ' L 4v f' wd: Ar 1"�a .V: •" - i AV View of the appraised land,looking north j t`t4{{tQ - ��tt ��..`. Dirt, �?w+�'D 11>t}t,'ltt.� �t f<,r in t )3 .{ rid r 4s f��4.:.�V� �4�4ut?.Nr•'„=� "ti'"�� ., Looking East on NE 9t"Avenue Looking West on NE 9t"Avenue PHOTOS OF SUBJECT&ENVIRONS 5 i 1 i c � u - w isS FZI W r, } ��-- Y �Q r R` ri -- �E,� 6,4-i• � F�1 f r I {� i (( ' re I t<{ I £ PnIE!tse�s�ag N ............... ............... ...........I, ..........................i�-t"fiw..-.......... ............. TF, Lake 10 th Ave N W Rd. ..... 1Worth011h thl z tk 111 I ix IBM A, 'p y Irl) im wopi I "Iq It,Ili' tam R4 LaM and na WwxoRd X --Hlyfol N MIMI Rd Did Dynton Rd �1i f I I * , 11 n Beach W-s0ymwns*&VhJ' V 4, "W BOY OR-84,30 114d A,8 Iv W O,t, Rd ou'lil R1 Run Golf pi C"C.Ll Lake WAtanlimAvo Kingsftintlw 1011 St 4.gxv�tsn Blvd k-1 1-3-5 MILE RADII FROM THE VALUED PROPERTY 211 NE 91h Avenue Boynton Beach, Florida 33435 7 • Gesn" 211 NW 9th Ave, Boynton Beach, Florida, 33435 VANCE REAL ESTATE SERVICE Rings: 1, 3, 5 mile radii 1 mile 3 miles 5 miles Population 2000 Population 14,264 76,017 166,052 2010 Population 14,240 85,478 186,939 2017 Population 15,671 93,566 201,949 2022 Population 16,743 99,607 213,782 2000-2010 Annual Rate -0.02% 1.18% 1.19% 2010-2017 Annual Rate 1.33% 1.25% 1.07% 2017-2022 Annual Rate 1.33% 1.26% 1.15% 2017 Male Population 49.1% 47.8% 47.9% 2017 Female Population 50.9% 52.2% 52.1% 2017 Median Age 38.6 44.2 46.5 In the identified area, the current year population is 201,949. In 2010, the Census count in the area was 186,939. The rate of change since 2010 was 1.07% annually.The five-year projection for the population in the area is 213,782 representing a change of 1.15% annually from 2017 to 2022. Currently, the population is 47.9% male and 52.1%female. Median Age The median age in this area is 38.6, compared to U.S. median age of 38.2. Race and!Ethnicity 2017 White Alone 35.4% 61.6% 65.8% 2017 Black Alone 57.9% 29.7% 24.9% 2017 American Indian/Alaska Native Alone 0.5% 0.3% 0.4% 2017 Asian Alone 0.9% 2.1% 2.3% 2017 Pacific Islander Alone 0.0% 0.0% 0.0% 2017 Other Race 2.9% 3.5% 3.8% 2017 Two or More Races 2.5% 2.7% 2.6% 2017 Hispanic Origin (Any Race) 12.8% 17.1% 17.7% Persons of Hispanic origin represent 17.7% of the population in the identified area compared to 18.1% of the U.S. population. Persons of Hispanic Origin may be of any race.The Diversity Index, which measures the probability that two people from the same area will be from different race/ethnic groups, is 64.9 in the identified area, compared to 64.0 for the U.S. as a whole. Households 2000 Households 5,029 33,231 72,318 2010 Households 5,033 36,533 79,643 2017 Total Households 5,613 39,906 85,583 2022 Total Households 6,028 42,427 90,355 2000-2010 Annual Rate 0.01% 0.95% 0.97% 2010-2017 Annual Rate 1.52% 1.23% 1.00% 2017-2022 Annual Rate 1.44% 1.23% 1.09% 2017 Average Household Size 2.77 2.32 2.34 The household count in this area has changed from 79,643 in 2010 to 85,583 in the current year, a change of 1.00% annually. The five-year projection of households is 90,355, a change of 1.09% annually from the current year total. Average household size is currently 2.34, compared to 2.32 in the year 2010.The number of families in the current year is 50,164 in the specified area. Data Note:Income is expressed in current dollars Source:U.S. Census Bureau,Census 2010 Summary File 1. Esri forecasts for 2017 and 2022. Esri converted Census 2000 data into 2010 geography. March 25, 2018 8 • Gesn" 211 NW 9th Ave, Boynton Beach, Florida, 33435 VANCE REAL ESTATE SERVICE Rings: 1, 3, 5 mile radii 1 mile 3 miles 5 miles Median Household Income 2017 Median Household Income $39,902 $49,008 $51,974 2022 Median Household Income $43,404 $54,479 $58,185 2017-2022 Annual Rate 1.70% 2.14% 2.28% Average Household Income 2017 Average Household Income $54,835 $68,639 $75,953 2022 Average Household Income $61,811 $78,184 $86,438 2017-2022 Annual Rate 2.42% 2.64% 2.62% Per Capita Income 2017 Per Capita Income $20,469 $29,861 $32,651 2022 Per Capita Income $23,075 $33,879 $36,981 2017-2022 Annual Rate 2.43% 2.56% 2.52% Households by Income Current median household income is$51,974 in the area, compared to $56,124 for all U.S. households. Median household income is projected to be $58,185 in five years, compared to $62,316 for all U.S. households Current average household income is$75,953 in this area, compared to $80,675 for all U.S. households. Average household income is projected to be $86,438 in five years, compared to $91,585 for all U.S. households Current per capita income is $32,651 in the area, compared to the U.S. per capita income of$30,820. The per capita income is projected to be $36,981 in five years, compared to $34,828 for all U.S. households Housing 2000 Total Housing Units 5,603 39,700 86,055 2000 Owner Occupied Housing Units 3,259 24,485 54,936 2000 Renter Occupied Housing Units 1,770 8,746 17,382 2000 Vacant Housing Units 574 6,469 13,737 2010 Total Housing Units 6,117 46,274 98,545 2010 Owner Occupied Housing Units 2,990 24,201 56,382 2010 Renter Occupied Housing Units 2,043 12,332 23,261 2010 Vacant Housing Units 1,084 9,741 18,902 2017 Total Housing Units 6,735 49,632 104,685 2017 Owner Occupied Housing Units 2,945 24,032 56,087 2017 Renter Occupied Housing Units 2,669 15,874 29,495 2017 Vacant Housing Units 1,122 9,726 19,102 2022 Total Housing Units 7,245 52,503 110,341 2022 Owner Occupied Housing Units 3,106 25,173 58,624 2022 Renter Occupied Housing Units 2,922 17,254 31,731 2022 Vacant Housing Units 1,217 10,076 19,986 Currently, 53.6% of the 104,685 housing units in the area are owner occupied; 28.2%, renter occupied; and 18.2% are vacant. Currently, in the U.S., 55.6% of the housing units in the area are owner occupied; 33.1% are renter occupied; and 11.3% are vacant. In 2010, there were 98,545 housing units in the area - 57.2% owner occupied, 23.6% renter occupied, and 19.2% vacant. The annual rate of change in housing units since 2010 is 2.72%. Median home value in the area is$202,409, compared to a median home value of$207,344 for the U.S. In five years, median value is projected to change by 5.05% annually to$258,923. Data Note:Income is expressed in current dollars Source:U.S. Census Bureau,Census 2010 Summary File 1. Esri forecasts for 2017 and 2022. Esri converted Census 2000 data into 2010 geography. March 25, 2018 9 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS PROPERTY APPRAISED: Vacant land 211 Northeast 9 Avenue Boynton Beach, FL 33435 OWNERSHIP: Larann LLC P O Box 362042 Melbourne, FL 32936 LAND AREA: 7,570 square feet (size is from public records, no sketch of survey is available for review) IMPROVEMENTS: None ZONING: "R-2", Single and two-family residential district in the city of Boynton Beach FUTURE LAND USE: "MU-L1", Mixed Use Low Intensity 1, in the city of Boynton Beach APPRAISAL PURPOSE: To develop an opinion of market value INTEREST APPRAISED: Fee simple CURRENT USE: Vacant land HIGHEST AND BEST USE: Any residential use permitted in the "MU-L1" land use district when the appraised land is assembled with other parcels to a minimum standard land area of 0.50 acres. VALUE BY THE SALES COMPARISON APPROACH: FIFTY-THREE THOUSAND DOLLARS 53 000 VALUATION DATE: March 26, 2018 Exposure Time: 6 months prior to selling at the appraised value 10 DESCRIPTIONS, ANALYSES, CONCLUSIONS APPRAISAL REPORT This is an APPRAISAL REPORT that complies with Standard Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice (USPAP 2018 - 2019) 2-2(a)(i) State the identity of the client; state the identity of any intended users by name or type; The client and intended user of this report is the Boynton Beach Community Redevelopment Agency. 2-2(a)(ii) State the intended use of the appraisal; The intended use of the appraisal is for possible acquisition of the appraised property. Any other use is not intended. 2-2(a)(iii) Summarize information sufficient to identify the real involved in the appraisal, including the physical, legal and economic property characteristics relevant to the assignment; Owner: Larann LLC P O Box 362042 Melbourne, FL 32936 Property Address: 211 Northeast 9 Avenue Boynton Beach, FL 33435 Legal Description: Lot 170, ARDEN PARK, ADDITION TO BOYNTON, FLA, Plat Book 2, page 96, Palm Beach County, FL Census Tract No. 61 12 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Real Estate Tax: Parcel Control Number: 08 43 45 21 18 000 1700 Land Value: $13,874 Improvement Value: -0- Total Market Value: $13,874 Assessed Value: $ 9,664 Ad Valorem Tax: $ 235 Non Ad Valorem Tax: $ -0- Total Tax: $ 235 No exemptions for this property. Properties are assessed in arrears by the county property appraiser. The tax bill is issued in November and a 4% discount is given to a tax payer if the amount is paid in November. The discount diminishes until March, when the tax is due and payable. In Florida, the taxable (assessed) value for non- homesteaded properties can be increased to a maximum of 10% per year, from tax year 2009 going forward, based on a constitutional amendment voted on by the electorate of the state. There are some exceptions which relate to school taxing districts. However, the millage of the city can increase; thus, real estate taxes can continue to increase from year to year. The 10% per year increase cap accounts for the difference between the Total Market Value of the appraised property and the Assessed Value. 13 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Market Area Description: Boundaries and Market Composition & Transportation Infrastructure The general market area is the City of Boynton Beach in eastern-central Palm Beach County. Population of the city is about 72,000 residents; land area of the municipality is about 16 square miles situated between Delray Beach on the south and Lake Worth on the north. The town was named for an early developer, Nathan Boynton, a former major in the Union Army in the Civil War. The city was founded in 1898 and incorporated in 1920. Most of the original buildings were destroyed in the hurricane of 1926, though a few remain. Others which were constructed in the early 1920's are still in use with repairs and replacements over the decades. Time and economic trends take a toll on properties; thus, in 1984 a redevelopment plan was adopted for the Community Redevelopment Area (CRA) in the city. It covers 1,650 acres in the central part of the municipality west of the Intracoastal Waterway. One of the districts in the CRA is the immediate subject market area known as the Heart of Boynton (HOB), containing 380 acres. This area is the historic, older part of the CRA, with the following boundaries: Boynton Beach Canal (C-16) on the north, Florida East Coast (FEC) Railroad on the east, Interstate 95 on the west, and jagged line a few blocks north of Boynton Beach Boulevard as the south boundary, at about NE 3 Avenue. Agriculture and farming had been important activities in past centuries in Boynton Beach. Commerce came to the area when Henry Flagler extended the Florida East Coast Railway from West Palm Beach to Miami in 1896. The railroad was the main mode of transportation to bring visitors and manufactured products to the city as well as transporting produce grown in the vicinity out of the area to other cities in the southeastern United States. Boynton Beach Boulevard is the principal east-west artery in the subject market area, having an interchange with Interstate 95 on the west side of the neighborhood. The boulevard continues west through Palm Beach County to its terminus at State Road 7/ U S Highway 441. 14 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Two miles east of State Road 7, it has an interchange with Florida's Turnpike. Boynton Beach Boulevard commences on the east at U S Highway 1, just to the east of the FEC Railroad. U S Highway 1 is the main north-south artery through eastern Palm Beach County and extends along the eastern seaboard of the United States. Seacrest Boulevard is a main north-south artery through the City of Boynton Beach and south into Delray Beach. Martin Luther King, Jr. Boulevard is an east-west thoroughfare through the Heart of Boynton. The immediate subject market area is easily accessible by main roads and Interstate 95. Property types in the Heart of Boynton are smaller commercial establishments along the main roads, light industrial close to the FEC Railroad, municipal facilities, single family residential, small multi-family dwellings, a few apartment buildings and places of worship. As mentioned, some structures date back to the 1920s, but most which are still usable were built in the mid-twentieth century. Municipal facilities in the immediate subject market area include parks, two elementary schools and a community center. Recent projects implemented in the Heart of Boynton are: • Seacrest Boulevard Streetscape • Carolyn Sims Center • Ocean Breeze West - 21 homes joint venture with Habitat for Humanity • Construction of single family residences on Martin Luther King, Jr. Boulevard Future projects are: • Revitalization of Martin Luther King, Jr. Boulevard and surroundings • Redevelopment of the Public Works site • Establishment of mixed use districts of residential and commercial • Expansion of light industrial near the FEC Railroad • Widening and extension of NW 11 Avenue, west of Seacrest Boulevard. 15 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Population Trends The demographic survey in the beginning of the report of 1, 3, and 5 mile radial circles from the appraised property shows the median household income for 2017 in the one-mile radius is $30,902, for three miles it is $49,008, and $51,974 for the five mile circle. All are lower than the median household income for Palm Beach County of $54,400, even though the east parts of the circles include the residents all the way to the Atlantic Ocean. In the one-mile circle, population is 15,671. In three miles, population increases to 93,566; at five miles, it is 201,949. However, about one-third of the three and five mile circles are over the Atlantic Ocean. Annual growth rate is anticipated to be 1.15% to 1.33% in the three circles during the next five years as the economy and job market improves in South Florida, and new multi-family residential complexes are constructed. The median age in the market area is 38.6 years compared to the U. S. median age of 38.2 years. 54% of the housing units are owner occupied, with 28% rented. The percentage of renters is higher in this market because many of the single family houses are owned by investors who purchased them after the economic crash in 2008. Vacancy is reported to be 18%; however, this amount is high due to the undercount of the other two categories. Median home value in the five-mile area is $202,409, including waterfront homes, compared to median home value of $207,344 in the United States. The life cycle stage of the market area is stability, a period of equilibrium without marked gains or losses, after a period of decline. The purpose of the Heart of Boynton Community Redevelopment Plan is to revitalize the market area with new housing options and business opportunities. There are examples of new houses along Martin Luther King, Jr. Boulevard, with more planned in the immediate vicinity. Economic Trends During 2005-2006, the subject market area was experiencing a rise in property prices due primarily to the availability of financing with adjustable rate mortgages. 16 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Interest rates adjusted upward, but rental rates of multi-family properties did not. For single family residences, interest rates on mortgages adjusted upward, but homeowners' incomes did not increase. Scenarios were the same for many property types, all with the same result of owners' inability to make the payments and mortgages foreclosed. This situation was exacerbated by the economic crash in late 2008, followed by the Great Recession. The foreclosure cycle appears to have ended. Currently, sales are between individuals or investors who previously purchased the properties from foreclosing lenders. Current buyers will reside in the properties or hold them in their investment portfolios. Third party lenders are providing financing to investors and residents, at high loan to price ratios. Sale prices for single-family residences in the subject market area and close vicinity are in the range of $85,000 to $180,000, depending on building size, age and condition. Price range for multi-family dwellings are from about $70,000 to $100,000 per unit based on the same factors. Land unit prices are mostly from about $4.00 to $7.00 per square foot. Family Dollar Store is an addition to the subject market area; it consists of an 8,100 square foot commercial building at the southeast corner of the signalized intersection of Martin Luther King, Jr. Boulevard and North Seacrest Boulevard. More revitalization in the CRA is taking place along US Highway 1, in the southern part of the corridor near Ocean Avenue and Boynton Beach Boulevard with projects such as 500 Ocean, with 341 residential units, 20,000 square feet of retail space and 6,000 square feet of office. Ocean One at 114 N Federal Highway is planned for 358 apartments, 12,075 square feet of retail, 120 hotel room and 439 parking spaces. The Villages at East Ocean Avenue were approved for 371 dwelling units and 15,757 square feet of commercial space. Town Square, a major redevelopment project, will take place on Boynton Beach Boulevard and NE 1 Street, encompassing 16.5 acres of land where the current city hall and police station stand. 17 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) The new project will include two 8-story apartment buildings with 230 and 244 units, 144 unit assisted living facility, 120 room hotel, 31,800 square feet of retail/ office, a new city hall, police station, fire station and park. Renovation of the historic high school is part of the project. The redevelopment goal is to transform Boynton Beach from a retirement community to a vibrant city where residents can enjoy living and working in an attractive setting. Conclusion The immediate subject market area of the Heart of Boynton (HOB) has the components of an appealing neighborhood with schools, parks and recreation. HOB is easily accessible by main roads and Interstate 95. Goods and services are nearby on Boynton Beach Boulevard and U S Highway 1. With the involvement of the City of Boynton Beach and the Community Redevelopment Agency, Heart of Boynton Community Redevelopment Plan can continue to succeed in revitalizing the area. Land Use: Medium Density Residential, maximum density 9.58 dwelling units per acre Zoning: "R-2", Single and Two-family Residential District with the purpose to implement the medium density residential future land use map classification of the comprehensive plan. The intent of the district is to stabilize and protect existing residential neighborhoods with density no greater than 10 dwelling units per acre, and allow limited types of non-residential uses. Minimum lot area is 4,500 square feet per unit for a duplex; minimum lot frontage is 75 feet. 18 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Single family dwellings shall be constructed on lots that are no less than 6,000 square feet with a width of at least 60 feet and follow the building and site regulations of the "R-1", Single Family District. Excerpt from the zoning code is in the Addenda. The appraised site is comprised of one platted lot, with a width of 50 feet and size of 7,570 square feet. Since the lot was platted prior to the current zoning standards, it appears to be a legal non-conformity to be used as for a single family residence. However, determination of use and non-conformities of the site are made by Boynton Beach City officials. Future Land Use: The recommended future land use for the subject site in the Heart of Boynton District is "MLT-L1", Mixed Use Low Intensity. The zoning district would potentially be the same. Though, single family residential use is not permitted in the mixed use districts. Minimum lot area for "MU-L1" is 0.50 of an acre or 21,780 square feet. Most individual lots in the old plats contain 7,500 square feet or less. Most probably, three lots would have to be assembled (7,500 square feet x 3 lots = 22,710 square feet) to be of sufficient size for development. Minimum lot frontage is 100 feet. Maximum density is 20 units per acre. An excerpt from the zoning ordinance is in the Addenda. Determination of the use of one lot would have to be made by city officials. Permitted residential uses in mixed use districts include two-family dwellings, multi-family dwellings, mixed use, live-work units, and townhouses. 19 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Commercial uses are only permitted on arterials and collector roads. Sites on local roads would be restricted to residential uses. City officials make the determination of allowed uses and permitted density of sites. The city of Boynton Beach is holding public hearings on the rezoning of the immediate subject market area to the west of the appraised lot from "MU-L2", maximum 30 dwelling units per acre to "MU-2", Mixed Use 2 District, maximum 40 dwelling units per acre. The effect would be an increased yield of the land to attract a developer to construct a mixed use project which might be a catalyst for further private redevelopment of the market area. However, the location of the zoning change is only on Martin Luther King, Jr. Boulevard and NE 9 Avenue, 125 feet east of North Seacrest Boulevard to two lots west of the subject. The rezoning has the support of the city, increasing the reasonable probability that the change will occur. The issue for the subject market area is to assemble sites of individual lots large enough to accommodate a new mixed use project in zoning/ land use districts which will permit them. In other sections in the Heart of Boynton with "R-2" and "R- 3" zoning districts, greater density is also recommended by increasing the Medium Density Residential district to 11 dwelling units per acre The Boynton Beach Community Redevelopment Agency (CRA) has been acquiring properties over the years. The intended use of this appraisal is to assist the CRA in purchasing the appraised property for assemblage. 20 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) The appraised lot is in the Martin Luther King Boulevard Overlay Zone. The Boynton Beach zoning code states that parking space requirement shall be reduced by 50% of the standard number for properties in that zone. Site Description: The shape of the lot is rectangular. No sketch of survey is available for review. Approximate size and dimensions are from public records. North boundary on adjacent property: 50.0 feet East boundary on adjacent property: 151.5 feet South boundary on NE 9 Avenue: 50.0 feet West boundary on adjacent property: 151.5 feet Total: Approximately 7,570 square feet or 0.173 8 of an acre Utilities: All utilities are available to the site. Access: The site is accessible via NE 9 Avenue, a two- laned, local road with streetlights, but no sidewalks. The avenue intersects with Seacrest Boulevard one block to the west and intersects with North Railroad Avenue about two blocks to the east. Easements: No sketch of survey to review to note easements. If they exist, utility easements would most probably be around the perimeter of the lot. Improvements: None Environmental Assessment: No assessment was available for review. 21 APPRAISAL REPORT (continued) 2-2(a)(iv) State the real property interest appraised; A person who owns all the property rights is said to have fee simple title. A fee simple title implies absolute ownership unencumbered by any other interest or estate. Partial interests in real estate are created by selling, leasing, et cetera. Partial estates include leased fee and leasehold estates. The interest appraised is fee simple. 2-2(a)(v) State the type and definition of value and cite the source of the definition; The purpose of the appraisal is to develop an opinion of market value of the subject property as of March 26, 2018. MARKET VALUE: a type of value, stated as an opinion, that presumes the transfer of a property (i.e., a right of ownership or a bundle of such rights), as of a certain date, under specific conditions set forth in the definition of the term identified by the appraiser as applicable in an appraisal. The conditions included in market value definitions establish market perspectives for development of the opinion. These conditions may vary from definition to definition but generally fall into three categories: 1. the relationship,knowledge, and motivation of the parties(i.e.,seller and buyer); 2. the terms of sale(e.g.,cash,cash equivalent,or other terms);and 3. the conditions of sale(e.g., exposure in a competitive market for a reasonable time prior to sale). Market value appraisals are distinct from appraisals completed for other purposes because market value appraisals are based on a market perspective and on a normal or typical premise. These criteria are illustrated in the following definition of Market Value*, provided here only as an example. Market value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. buyer and seller are tvpically motivated 2. both parties are well informed or well advised and acting in what they consider their own best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and S. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. 22 APPRAISAL REPORT (continued) * This example definition is from regulations published by federal regulatory agencies pursuant to Title XI of the Financial Institutions Reform,Recovery, and Enforcement Act(FIRREA)of 1989 between July 5, 1990, and August 24, 1990, by the Federal Reserve System (FRS), National Credit Union Administration(NCUA), Federal Deposit Insurance Corporation (FDIC), the Office of Thrift Supervision (OTS), and the Office of Comptroller of the Currency (OCC). This definition is also referenced in regulations jointly published by the OCC, OTS, FRS, and FDIC on June 7, 1994,and in the Interagency Appraisal and Evaluation Guidelines,dated December,2010. Florida Court Definition: "Market Value is the price that a seller willing, but not compelled to sell, and a buyer willing, but not compelled to buy, would agree to in fair negotiations with knowledge of all the facts." [Source: Fla. Power & Light Co., v. Jennin,%,Ys, 518 So.2d 895 (Fla. 1987)] 2-2(a)(vi) State the effective date of the appraisal and the date of the report; A) Effective Date of the Appraisal: March 26, 2018 B) Date of the Report: March 26, 2018 2-2(a)(vii) Summarize the scope of work used to develop the appraisal; The appraisal problem is to develop an opinion of value of the property based on its highest and best use. The appraiser inspected the property and photographed it. A thorough investigation was made into the physical characteristics of the property that could affect its value. The market area was surveyed to determine its stage of the life cycle. Research was conducted to ascertain economic factors that might influence value. Data research consisted of collecting, confirming, and reporting land sales. The process included searches and analyses, inspections and confirmations, and final reporting. The appraiser examined several sources of sales data, including the multiple listing service, Palm Beach County Appraiser's records, the public records, and data from the appraiser's plant. For Sales Comparison Approach-Land Valuation, land sales are compared to each other and to the property under appraisement to arrive at an opinion of value. 23 APPRAISAL REPORT (continued) 2-2(a)(viii) Summarize the information analyzed, the appraisal methods and techniques employed, and the reasoning that supports the analyses, opinions, and conclusions; exclusion of the sales comparison approach, cost approach, or income approach must be explained; The information analyzed and appraisal method used is detailed in the valuation section of the report. Further, the reasoning that supports the analyses, opinion, and conclusion is explained in that section. Cost Approach is not used because there are no structures on the site. The Income Approach is not employed in this appraisal because most land is typically purchased for immediate use, not for lease. Sales Comparison Approach is the best method to value vacant land. Exclusion of the Cost Approach and Income Approach still produce a creditable report. SR I-5 When the value opinion to be developed is market value, if such information is available in the normal course of business: a) analyze all agreements of sale, options, or listings of the subject property current as of the effective date of the appraisal; and There are no known agreements for sale, options or listings of the subject property as of the effective date of appraisal. b) analyze all sales of the subject property that occurred within the three (3) years prior to the effective date of the appraisal. The appraised property was acquired by warranty deed on August 14, 2008 for $50,000. At that time, the property was improved with a residence that was later demolished and removed. A copy of the deed is in the Addenda. The amount of the sale price and date of sale are too far removed from the date of valuation to be of any relevance in this appraisal. 2-2(a)(ix) State the use of the real estate existing as of the date of value, and the use of the real estate or personal property reflected in the appraisal; The use of the real estate on the date of valuation is vacant land, and it is this use which is reflected in the appraisal. No personal property is included in the valuation. 24 APPRAISAL REPORT (continued) 2-2(a)(x) When an opinion of highest and best use was developed by the appraiser, summarize the support and rationale for that opinion. HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Physically Possible as Vacant No soil or subsoil tests are available for review. However, there was a residential structure on the property in the past. The land is level and filled to street grade. Land size is approximately 7,570 square feet and rectangular in shape. All utilities are available to the site. The site is accessible via Northeast 9 Avenue. Physical constraint to develop the site is its size which governs the size and number of potential improvements which can be placed on it. Legally Permissible as Vacant Legal restrictions to the development of the site consist of land use designation, building and zoning codes, platting restrictions and restrictive covenants. Land use designation is Medium Density Residential, maximum density 9.58 dwelling units per acre. Recommended future land use is "MU- L1", Mixed Use Low Density, 20 dwelling units per acre. Minimum lot area would be 0.50 of an acre or 21,780 square feet. The lot concerned contains 7,570 square feet with a width of 50 feet, not meeting the standards of the "MU-L1" district. It would most probably have to be assembled with adjoining lots to meet the requisite size. Current zoning is "R-2", One and Two-family residential district. A two- family residence might be permitted; however, single family residence would not be allowed in a mixed use zoning or land use district. The city of Boynton Beach is holding public hearings on the possibility of rezoning a section of lots to the west of the subject to "MU-2", Mixed Use, 40 dwelling units per acre. The intent of the mixed use districts is to have more dwelling units in the immediate subject market area to accommodate a growing population. The old model of small one or two family dwellings on a single lot with much of the land sitting vacant is inefficient. 25 HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Greater productivity of the land is the upcoming strategy with mixed use on a site sharing parking and recreational facilities. Thus, if the subject lot is assembled with other lots to reach the minimum lot area, the assembled site can currently be improved with 20 units per acre in the future. City officials make the determination of use and number of improvements on a site. As a stand-alone lot, the functional utility of the subject is limited. Financially Feasible as Vacant The third test of Highest and Best Use is economic feasibility. Demand for a certain property type must be evident for it to be feasible. For it to be financially feasible, the use must be marketable and provide the investor with a competitive return when compared with alternate uses. The subject market area has been improved with single-family residences and small multi-family dwellings for almost 100 years. Structures come to the end of their useful lives, improvements are razed and the sites are redeveloped with modern projects. There are examples of this cycle throughout the subject market area. New single family redevelopment projects in the subject vicinity are Ocean Breeze West with 21 homes, Eastview Park with market rate houses ranging from $255,000 to $300,000 constructed by D R Horton, and four new houses on West Martin Luther King, Jr. Boulevard sold from $166,000 to $195,000. The four houses are the result of the work of the Boynton Beach CRA and Boynton Beach Faith-Based Community Development Corporation. To date, there are no higher density residential projects or mixed use projects in the Heart of Boynton (HOB) District. The HOB District includes sections designated for higher intensity residential use along Martin Luther King (MKL), Jr. Boulevard east of Seacrest Boulevard. To have sites to accommodate larger mixed use projects, the adjoining lots to the south along NE 9 Avenue are also included. As discussed, minimum lot area would be 21,780 square feet in the recommended "MU-Ll" future district. Financially feasibility for the lot concerned is to assemble it with surrounding lots to have a minimum of 0.50 of an acre to meet the standard in the future zoning/ land use district to be able to develop the site with a multi-family residential project. The most probable buyer of the subject lot would be a local developer that would construct such a project. Time for development is when the subject and adjacent lots can be improved with 20 dwelling units per acre. 26 APPRAISAL REPORT (continued) Maximally Productive as Vacant In summary, the Highest and Best Use of the appraised property as vacant is for any residential use permitted in the district permitting 20 dwelling units per acre after the lot is assembled with surrounding parcels to a size of 0.50 of an acre. Such uses would be potentially physically possible, most probably legally permissible, financially feasible and maximally productive. 2-2(a)(xi) Clearly and Conspicuously: State all extraordinary assumptions and hypothetical conditions; and state that their use might have affected the assignment result. There are no extraordinary assumptions or hypothetical conditions in this report. 2-2(a)(xii) Include a signed certification in accordance with Standards Rule 2-3 See signed certification in report. 27 SALES COMPARISON APPROACH LAND VALUATION = Subject & Land Sale Locations , LEDR NW 16TH Cf. _ z °I "I u Cyt a 1fiTH AVE NE FI N N 15TH CT NE _ i',t zl �' h 14TH AVE N W ,_NE(1' HAVE —.—J 8oyn pin c�„�r N vv!3TH AV E 7 (i NE I3THAVE 13THAVE NN]13TH Ci.. .—._ .__l 1?TH_AVE LAND , �_NE 12TH Al —� ( LA 7 SALE 3 ( NW Y2TH AVE. r �E liTk AVE 'NlM11THA 2 —__.--- w'E z) LAND SALE 5 _ I INW IOTH AVE o LARTIN LUTHER KING]R BLVD �I II----------- � m SUB ECT LAND SALE 1 _NE 9TH AVE , L_NW 9TH AVEJ ^! `r w \N �y s cal) ` NE&TH AVE ,f'- NNW 7TH CT�i zt NW 7TH AVE M-_ L q�� iINE7TH AVE NW 7TH AVE '�'- NW 6TH AVE NE fiTH AVE _ iI NE 5TH AVE S i I I NN,is r Data use subject to license. @ DeLorme.DeLorme Street Atlas USAO 2d59. 111 0 180 360 540 720 900 wvvw-delorme.com SAN(5.7°W) Data Zoom 15-0 30 VACANT LAND SALES SALE NO. 1 LEGAL DESCRIPTION Lot 5, ROBERT WELLS' SUBDIVISION, Plat Book 11, page 66,Palm Beach County, FL, less the north 10 feet for road RECORDED O. R. Book 29172,Page 1071,Palm Beach County Records GRANTOR Larann Land Investments, LLC GRANTEE Boynton Beach Community Redevelopment Agency DATE OF SALE June 15,2017 LOCATION 340 East Martin Luther King, Jr. Boulevard Boynton Beach, Florida ZONING "R-2", Single and two-family residential district FUTURE LAND USE "MU-Ll",Mixed Use Low Intensity SALE PRICE $50,000 LAND SIZE 7,750 square feet(50' x 155') UNITS OF COMPARISON $6.45 per square foot FOLIO NUMBERS 08-43-45-21-04-000-0050 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMED Grantee, Boynton Beach CRA COMMENTS Boynton Beach CRA is acquiring properties in the area to be assembled into larger sites and readied for redeveloped. 31 4. g ag Kd g.nr�4uvd 1 1 ) Oil mmom LA D SALE 1 340 EAST MARTIN LUTHER KING, JR. BOULEVARD BOYNTON BEACH, FL 33435 32 VACANT LAND SALES SALE NO. 2 LEGAL DESCRIPTION Lot 27, Block 1 of E. Roberts Addition to Boynton, FLA, Plat Book 1,Page 123 of Palm Beach County Public Records. RECORDED O. R. Book 28358,Page 1638, Palm Beach County Records GRANTOR Larann Land Investments, LLC GRANTEE Bride of Christ Tabernacle, Inc. DATE OF SALE June 6,2016 LOCATION 199 E. Martin Luther King Blvd. (NE 10 Avenue) Boynton Beach, Florida ZONING "R-2"Residential/Duplex FUTURE LAND USE "MU-Ll",Mixed Use Low Intensity SALE PRICE $50,000 LAND SIZE 7,000 square feet(50.00' x 140') UNITS OF COMPARISON $7.14 per square foot* FOLIO NUMBER 08-43-45-21-27-001-0270 CONDITIONS OF SALE Arm's length cash transaction. CONFIRMED Grantee: Mr. Claude Maxime COMMENTS * Purchased by adjacent Church for church parking. 33 i tfi�e y, . ME lk�r Aem w , 11 , ryry - y"� Y , ,:reran iwn®er r;ie. �r tga�d ng ar bivsl- e a{;,.u,v�.ar�er bang.nr�srvra _._: '' g -- �rwarmn i.�r�a.r i 1 , a LAND SALE 2 199 E MARTIN LUTHER KING, JR. BLVD. BOYNTON BEACH, FL 34 VACANT LAND SALES SALE NO. 3 LEGAL DESCRIPTION Lots 9 and 10, Block 1, THE MEEKS AND ANDREWS ADDITION TO BOYNTON, Plat Book 5, page 84, Palm Beach County, FL RECORDED O. R. Book 29294,Page 1058,Palm Beach County Records GRANTOR Iran Guzman, et al GRANTEE Albert Thomas, et al DATE OF SALE August 10,2017 LOCATION 309 NE 11 Avenue and 1106 NE 2 Street Boynton Beach, Florida ZONING "R-2", Single and two-family residential district FUTURE LAND USE "MDR", Medium Density Residential SALE PRICE $79,000 LAND SIZE 17,629 square feet(approximately 115' x 155') UNITS OF COMPARISON $4.48 per square foot FOLIO NUMBERS 08-43-45-21-22-001-0090, 0100 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMED Kelly Louidort for grantee COMMENTS Two adjacent lots purchased for future residential use. 35 m' eljca «,. u�wauh *� ' - ' � '�ME�t2th Prve � �'-�NE`12H1"Ave�i' "�t,.,s "•�•�` .' NE 12th AWe� i,: a y gg Y' [ 44 ryy. G ry r t w 1� N`'SNE 111h'Ave, � NF�11 tn'Ave NE 11fh'A 1 , JEW LAND SALE 3 309 NE 11 Avenue & 1106 NE 2 Street Boynton Beach, FL 36 - .di i t a . v i dN;97 tit Ave tJ441 t 1tk�Ave t+thPV 11'�t Ave 4n t,f A IF� LAN SALE 4 515 NORTHWEST 11 AVENUE BOYNTON BEACH, FL 37 - .di i t a . v i dN;97 tit Ave tJ441 t 1tk�Ave t+thPV 11'�t Ave 4n t,f A IF� LAN SALE 4 515 NORTHWEST 11 AVENUE BOYNTON BEACH, FL 38 VACANT LAND SALES SALE NO. 5 LEGAL DESCRIPTION Lot 13 and the East 38 feet of Lot 14, HILLTOP VILLAGE, Plat Book 24,page 70,Palm Beach County, FL RECORDED O. R. Book 29551,Page 1131,Palm Beach County Records GRANTOR Eddie Thomas et al GRANTEE Boynton Beach Community Redevelopment Agency DATE OF SALE December 21,2017 LOCATION 230 West Martin Luther King, Jr. Boulevard Boynton Beach, Florida ZONING "R-2", Single and two-family residential district FUTURE LAND USE "MDR", Medium Density Residential SALE PRICE $81,500 LAND SIZE 11,648 square feet(irregular shape) UNITS OF COMPARISON $7.00 per square foot FOLIO NUMBERS 08-43-45-21-09-000-0130 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMED Grantee, Boynton Beach CRA COMMENTS Boynton Beach CRA is acquiring properties in the area to be assembled into larger sites and readied for redeveloped. 39 a F Air { e 4z -_ iN Wl3arRin ku1lier Kin€Jr BIYd -VY MaRtlki L41 killer#S@np.Ns.C31wd -,�„�,m„ 4�PR l5 'IA r• � i� LAND ALE 5 230 W MARTIN LUTHER KING, JR. BLVD. BOYNTON BEACH, FL 40 LAND SALE COMPARISON CHART Land Sale Sale Size Site Price per Sales Date Price Sg.Ft. Zoning Square Foot 1 340 E MLK,Jr. Blvd. 6/15/2017 $50,000 7,750 "R-2" $6.45 Boynton Beach, Florida 2 199 E. MLK Boulevard 06/06/2016 $50,000 7,000 "R-2" $7.14 Boynton Beach, Florida 3 309 NE 11 Ave& 1106 NE 2 St 08/10/2017 $79,000 17,629 "R-2" $4.48 Boynton Beach, Florida 4 515 NW 11 Avenue 12/21/2017 $32,500 5,000 "R 2" $6.50 Boynton Beach, Florida 5 230 W MLK,Jr. Blvd. 12/21/2017 $81,500 11,648 "R 2" $7.00 Boynton Beach, Florida SUBJECT Value Date Value Unit Value 211 NE 9 Avenue 03/26/2018 53 000 7,570 "R-2" 7.00 Boynton Beach, FL 41 SALES COMPARISON APPROACH LAND VALUATION Of the several methods to develop an opinion of land value, the one considered to be the most reliable is the Sales Comparison Approach. In this method, sales of other similar vacant parcels are compared to the site concerned; then adjusted for differences to arrive at land value. For the opinion to be supportable,there must be an adequate number of sales of similar properties for comparison to the subject. The steps of sales comparison in Land Valuation are: 1) Locate and collect information of recent sales of sites most similar to the land being appraised. 2) Verify the sales information with parties to the transactions, including details of financing and any special considerations or non-typical market features. 3) Select relevant units of comparison and develop a comparative analysis for each unit. 4) Compare and adjust the sales to the subject using the significant, market-derived units of comparison. 5) Reconcile all value indications from the comparisons into a single value opinion by this approach. The appraised vacant land contains 7,570 square feet. Current zoning is "R-2", one and two family- residential district, in the City of Boynton Beach. Recommended future land use is mixed use low intensity. A search was made to find recent sales of sites similar to the subject in the Martin Luther King Boulevard Overlay District, with two transactions included in the data set as Land Sales 1 and 2. The sales search was widened to the central part of Boynton Beach where three other similar land sales were located. The five land sales in the report are most representative of market value for the land being valued. Details of the transactions are on the sale sheets and chart. The unit of comparison relevant to this valuation is Sale Price per Square Foot of Land. The range of unit prices is from $4.48 per square foot to $7.14 per square foot of land. ELEMENTS OF COMPARISON Elements of comparison are the characteristics of transactions and properties that cause variation in prices paid for real estate. The Appraisal of Real Estate continues by stating that there are basic elements of comparison that may be considered in sales comparison analysis for land valuation. The first group is termed transactional elements being: real property rights conveyed, financing terms, conditions of sale and market conditions. This second group of property elements consists of location,physical characteristics and use. Each element is hereafter addressed. (Continued) 42 LAND VALUATION (Continued) Real Property Rights Conveyed A transaction price is always predicated on the real property interest conveyed. Property interests conveyed can either be fee simple (without tenants) or leased fee (subject to leases). An adjustment for property rights conveyed is based on whether a leased fee interest was sold with leases at market rent, or below or above market rent. In the case of land,there could be a land lease on the site that would create a leased fee interest. The lease amount would require examination to see if the tenant (the leasehold interest) had a value greater than zero. If it is, then the submarket rental rate would give some of the property value to the tenant. The real property right conveyed in the land sales was fee simple interest, the same interest valued for the land in question. No numerical adjustment is warranted for this element of comparison. Financing Terms Financing terms may have a bearing on the price paid for a property. Such terms that may affect price include assuming a mortgage at lower than current interest rates, the seller paying a buydown for the buyer to have a lower interest rate, or the seller providing financing for a transaction at lower than typical institutional rates. In all of these cases, the buyer could have paid higher prices in such transactions to obtain favorable financing. All of the land sales were in cash, which is the most common form of payment for vacant lots in the subject area. No adjustments are made for this element of comparison. Conditions of Sale Condition of sale addresses the motivation of buyers and sellers. Such motivations include a seller accepting a lower than market price for needed cash, a lender selling a previously foreclosed property to comply with regulations imposed on the institution, or a buyer purchasing an adjacent property. Even arm's length transactions may be the result of atypical motivation, such as lack of exposure time to the market,the result of an eminent domain proceeding, or tax consideration. The land sales cited in this report are arm's length transactions. The Boynton Beach Community Redevelopment Agency (BB CRA) purchased Nos. 1 and 5 in negotiated sales at market prices. Grantors and grantees of Land Sales 2, 3 and 4 were private parties. The data show the BB CRA is paying the market rate for land in the subject area. No adjustments are necessary for conditions of sale. (Continued) 43 LAND VALUATION (Continued) Market Conditions Comparable sales that occurred under different market conditions than those applicable to the subject on the effective date of the value estimate require adjustment for any differences that affect their value. The most common adjustment for market condition is time; however, the passage of time itself is not the cause of the adjustment. Market conditions which change over time are the reason to make the adjustment, such as appreciation or depreciation due to building inventory, changes in tax laws, investor's criteria, building moratoriums, fluctuation in supply and demand, et cetera. It is also possible that there is no change in market condition over time. Four of the sales occurred in 2017, and one in 2016. All of the land sales occurred during market conditions which are similar to those at the time of valuation. Hence, no adjustment is necessary for this element of comparison. Adjustments for transactional elements of comparison were considered; now, the land sales are likened to the subject and to each other for property elements of comparison. Location The location of a property is a key factor in prompting a buyer to purchase it. Location encompasses many aspects such as road frontage, access, traffic count, proximity to other competing properties, proximity to a market that will use the goods and services housed in a property, governmental influences, etcetera. Typically, properties in a neighborhood share some of the same locational characteristics such as age, condition, and style. However, there may be differences such as corner location, view, and zoning, to name a few. Properties of a similar type may be in different locations, yet the locations may share enough similarities to justify comparison. Factors of similarity between locations include average daily traffic counts, zoning and/or land use, and market composition. Locations of the appraised parcel and the land sales are in central Boynton Beach,where the peak of construction took place in the mid-twentieth century. Redevelopment is occurring because old improvements are razed to make way for new residential and commercial projects, most with the financial support or incentives from governmental and social agencies. Land Sale 1 was purchased by the Boynton Beach Community Redevelopment Agency, the primary buyer of properties in the subject market area. Future plan for the subject market area is to assemble sufficient land to be of a size to be attractive to a private developer to purchase for a new residential, commercial or mixed use project. Land Sales 1 and 2 border East MLK, Jr. Boulevard, a main neighborhood thoroughfare with an improved streetscape. Land Sales 3 and 4 are situated along neighborhood streets. No. 5 fronts West MLK, Jr. Boulevard, west of Seacrest Boulevard. The lot concerned along with Sales 1 and 2 are in a future land use district potentially permitting 20 dwelling units per acre for a mixed use project if they are part of a larger parcel containing at least 0.50 of an acre. (Continued) 44 LAND VALUATION (Continued) For Land Sales 3, 4 and 5, future density by land use would be 11 units per acre, or they could be improved with single family dwellings or two family dwellings. The new mixed use districts do not allow single family use. Thus, there is the potential for future, higher density for Land Sales 1, 2 and the subject, but 0.50 of an acre (21,780 square feet) of land is required for such a mixed use project. There are no sales of larger sized tracts in the subject market area. Even though the subject and all of the land sales are zoned"R-2,"the lot under appraisement, Sale 1 and Sale 2 have the potential of being improved with a higher intensity project. Further,the subject, Sales 1 and 2 are in the Martin Luther King Boulevard Overlay District. Therefore, more emphasis is placed on the land sale unit prices of Sales 1 and 2 for this element of comparison. Physical Characteristics Physical characteristics to be considered for adjustments are those that cause a difference in price to be paid by the market. A wide range of such items includes land size, shape, frontage, topography, view, access, functional utility, et cetera. Adjustments for physical characteristics are best derived from the market by paired sales comparison. Through the process of searching for comparable sales, the physical characteristics are of great import. From the universe of possible comparable sales, those that are most similar to the site appraised are presented in the report for analysis and comparison to the subject. The less the number of physical differences,the better. As mentioned, the appraised lot contains approximately 7,570 square feet, closest in size to Land Sales 1 and 2. No. 3 consists of two lots; No. 5 is a lot plus part of another. The physical characteristics of Sales 1 and 2 are more similar to the lot in question, with their unit prices being the better indication of unit value for the lot in question. Use For sites to be comparable, they should have similar uses. Highest and best use for the land concerned along with Land Sales 1 and 2 is to be assembled with adjacent lots to have at least 0.50 of an acre for a mixed use project. More emphasis is placed on the unit prices of these land sales for the final value opinion. Land Sales 3, 4 and 5 could also be assembled with adjacent lots for lower density residential projects. The elements of comparison of location and use are closely related in this data set. Land Sales 1 and 2 are more similar to the subject for these elements of comparison. 45 FINAL VALUE OPINION Following is a summary of the square foot unit sale prices for the five land sales: Land Sale Sale Price per Square Foot 1 $6.45 2 $7.14 3 $4.48 4 $6.50 5 $7.00 The elements of comparison of location and use place the unit value of the appraised land close to the unit sale prices of Land Sales 1 and 2 at$7.00 per square foot. The quantity of the comparable data is sufficient to have an overview of the market for lots in the mid-section of the city of Boynton Beach. The quality of the data is good in that it provides a sound basis to develop an opinion of value for the land under appraisement. Based on the analysis and conclusions presented within the report, it is our opinion that the Market Value of the Fee Simple Estate of the Subject Property as of March 26,2018 is: $7.00/sq.ft. x 7,570 square feet= 53 000 FIFTY-THREE THOUSAND DOLLARS 46 CERTIFICATION I certify that, to the best of my knowledge and belief,the statements contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal,unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report, and I have no bias or personal interest with the parties involved. The appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan. My compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this report. I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. The analyses, opinions and conclusions were also developed and the report prepared in conformity with the Uniform Standards of Professional Appraisal Practice, which is included in the Appraisal Institute's Standards, and Chapter 475,Part 11 F.S. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. The use of this report is (also) subject to the requirements of the State of Florida relating to review by the Florida Real Estate Appraisal Board. I have visited the property that is the subject of this report on March 16, 2018. Jesse B. Vance, Jr. and Claudia Vance are responsible for the analyses, conclusions and opinions concerning real estate set forth in this report. No one else has provided significant professional service to the persons signing this report. The Appraisal Institute and the American Society of Appraisers each conduct programs of continuing education for their designated members. As of the date of this report, Jesse B. Vance, Jr. and Claudia Vance have completed the requirements of the continuing education program of the Appraisal Institute. Continuing educational requirements are also completed for the American Society of Appraisers and the State of Florida. March 26,2018 Jesse B. Vance, Jr., MAI, SRA, ASA Florida State-CertifiedGeneralReal Estate Appraiser No. RZ-85 March 26,2018 Claudia Vance,MAI Florida State-Certified General Real Estate Appraiser No.RZ-173 47 CERTIFICATION AND LIMITING CONDITIONS The statements and conclusions contained in this report,subject to the limiting conditions hereafter cited,are correct to the best of the writers'knowledge. I. The undersigned have personally inspected the subject of this report. No pertinent information has been knowingly withheld. 2. Unless specifically included,the subject is analyzed as though free and clear of liens and encumbrances. 3. No responsibility is assumed for legal matters,nor is an opinion of title rendered. Title is assumed to be good and held in Fee Simple,unless excepted. 4. Legal descriptions and property dimensions have been f m-iished by others; no responsibility for their correctness is assumed. Sketches which may be in the report are for illustrative purposes only. 5. Possession of any copy of this report does not cant'with it the right of publication,duplication,or advertising using the writers'names or professional designations or membership organizations. 6. The writers are not required to testify without prior agreement. 7. Neither the employment to make this appraisal nor compensation therefore is contingent on the value reported. 8. Where divisions are made between land,improvements, etc.,the values estimated for each apply only under the cited use or uses. 9. The value applies ONLY as of the date of valuation stated within the report. 10. The writers certify that they have no present,past or contemplated interest in the subject of this report-unless specifically stated. 11. This report is the property of the indicated client. It may not be used by any other party for any purpose not consistent with the written function of this report without the express written consent of the writers AND client. 12. The reported analyses,opinions and conclusions were developed,and this report has been prepared,in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Practice and Conduct of the Appraisal Institute. The work also conforms to the Uniform Standards of Professional Appraisal Practice. 13. Soil or sub-soil contamination may exist from current or prior users, or users outside the property concerned. The appraisers are not qualified to detect such substances. We urge the client to retain an expert in this field if desired. 14. The appraisers have not been provided a Habitat Survey, Endangered Species Survey, or analysis by a qualified environmental specialist indicating the presence of or proximity to environmentally sensitive and/or protected land or species which could affect the use, and possibly, value of the appraised property. The appraisers are not qualified to identify these factors. We recommend that an expert be hired where there may be reasonable cause to expect the presence of any of the cited elements. 15. Jesse B.Vance,Jr. and Claudia Vance are responsible for the analyses,conclusions,and opinions of real estate set forth in this report. No one else provided significant professional assistance to the signers of this report. 16. Prospective value is based on current conditions and trends. The appraisers cannot be held responsible for unforeseeable events which might alter market conditions upon which market value opinion has been developed. 17. The appraisers certify that they have the knowledge and experience required to perform this appraisal assignment. 18. The appraisers reserve the right to amend or change this report at any time additional market information is obtained which would significantly affect the value. Jesse B.Vance,Jr.,MAI,SRA,ASA State-Certified General Real Estate Appraiser No.RZ 85 March 26,2018 � GGl'oallolwm— Claudia Vance,MAI State-Certified General Real Estate Appraiser No.RZ 173 March 26,2018 48 ADDENDA loll 111111111111111111 CFN 20080321452 OR HK 22833 FG 1160 RECORDED 08/29/2008 09:31:15 RETURN TO: Palo Beach County, Florida AMT 50.000.00 PREPARED BY. Doc Stamp 350.00 Sharon R. Bock,CLERK a COMPTROLLER Seyboth Pgs 1160 - 1161; t2pgs) t45A rk Title of Florida,Inc. Blvd.,Ste.304-B h Gardens,FL 33418 File#: -4376 Property Parcel No.: 08-43-45-21-18-000-1700 (Space Above This Line for Recording Data) WARRANTY DEED THIS WA�R DEED made and executed the day ofAl 2008, by STANLEY WATSON, a person,hereinafter called the grantor,to LARANN,LLC,a Florida limited liability company,whose o �1ce address is as follows: 11ral Highway, Ste. 202,Boynton Beach,FL 33436 hereinafter called the grantee: (Wherever used herein the terms" t "and"grantee"include all the parties to this instrument and the heirs, legal representatives and ass' dividuals,and the successors and assigns of corporations) WITNESSETH: That the gran d in consideration of the sum of$10.00 and other valuable considerations, receipt whereof is hereby c ledged, hereby grants, bargains, sells, aliens, remises, releases, conveys, and confirms unto the grantee, all that certain land situate in PALM BEACH County, Florida,viz: Lot 170,of ARDEN PARK,ADDITION TO BOYNTON,FLA,according to the Plat thereof,as recorded in Plat Book 2,at Page 96,of the Public Records of Palm Beach County,Florida. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. SUBJECT TO restrictions,reservations,covenants, and easements of record, if applicable. F:\WORDDOC\Mae\Closing Docs4376\M-WD-1 to Corp.doc 2/25/05 1 50 Book22833/Page1160 Page 1 of 2 TO HAVE AND TO HOLD,the same in fee simple forever. tAND the grantor hereby covenants with said grantee that it is lawfully seized of said land in fee 1 hat the grantor has good right and lawful authority to sell and convey said land;that the grantor hereby fu arrants the title to said land and will defend the same against the lawful claims of all persons wh Ver;and that said land is free of all encumbrances,except taxes accruing subsequent to December 31, 200 . 0 �TNESS WHEREOF,the said grantor has signed and sealed these presents the day and year first abov ltten. Signed,seals delivered in our presence: First W• ness Sign atu• STANLEY WATSON A Address: e1\ lJ tr Q-11 A. (Printed Name) 0 to 11 4ecd Witness S knat e t (Printed Name) STATE OF FLORIDA § COUNTY OF PALM BEACH �8'Z��4 § The foregoing instrument was acknowledged before me this_'=day of V 2008, by STANLEY WATSON,who is personally known to me or who has produced iderAilicatioh as referenced below. �e 1 STANLEY WATSON Identification: K ` l�.�S C�,CI gp WITNESS MY HAND AND OFFICIAL SEAL OF OFFICE. ota Public (SEAL) Printed Name: My Commission expires: Notary Public Stare of Florida : r !l lie T Bennett C a ^ ,Commission DD658764 orf`°a Expires 0611 1/20 1 1 FAWORDDOC\Mae\Closing Docs\4376\M-WD-1 to Corp.doc 2/25105 2 51 Book22833/Page1161 Page 2 of 2 E. R-2 Single and Two-family Residential District. 1. General. The purpose of the R-2 zoning district is to implement the medium density residential (MeDR) future land use map (FLUM)classification of the Comprehensive Plan. The intent of this conventional district is to stabilize and protect existing residential neighborhoods with densities no greater than ten(10)dwelling units per acre, and allowing limited types of non- residential uses. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3,Article IV, Section 3.D. 3. Building and Site Regulations (Table 3-9). Existing and/or planned single-family homes shall conform to the R-1 district requirements; however, for duplex homes, the following lot and building requirements shall be observed: BUILDING/SITE REGULATIONS R-2 District Minimum lot area(per unit): 4,500 s.f.1 Minimum lot frontage: 75 feet Minimum yard setbacks: Front: 25 feet2 Rear: 25 feet3 Interior side: 10 feet2 Corner side: 25 feet 2,3 Minimum living area: 750 s.f. Maximum lot coverage: 40% Maximum Floor Ratio Area (FAR) 0.104 Maximum structure height: 25 feet 1 Single-family dwellings shall be constructed on lots that are no less than six thousand(6,000)square feet. 2 Pursuant to Section 8.B.below,parcels that have frontage on Martin Luther King Jr.Boulevard and are located within the Martin Luther King Boulevard Overlay Zone shall have front,side interior,and side corner setbacks in accordance with the mixed use-low intensity 1 zoning district(see Section 6.11.below). 3 On corner lots,the side setback adjacent to the street shall be not less than one-half(1/2)the front yard setback. However,where orientation of adjacent lots on both street frontages provide typical front yard setbacks,the comer lot shall provide for front yard setbacks along both streets. when two(2)front yard setbacks are provided for on a corner lot,no rear yard setback shall be required,only side yard setbacks shall be imposed. 4 A floor area ratio(FAR)up to 0.10 maybe considered for non-residential uses allowed within the R-2 district (see "Use Matrix"—Chapter 3,Article IV, Section 3),pursuant to the medium density residential land use category of the Comprehensive Plan. 5 Not to exceed two(2)stories. 52 D. R-1 Single-family Residential District. 1. General. The purpose of the R-1 zoning district is to implement the moderate density residential (MoDR) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to encourage single-family dwellings and structures at densities no greater than seven and one-half(7.5) dwelling units per acre, and allowing limited types of non-residential uses. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 3-8). The following lot and setback requirements shall be observed: BUILDING/SITE REGULATIONS R-1 District Minimum lot area: a 6,000 s.f. Minimum lot frontage: 60 feet Front: 25 feet Rear: 20 feet Special rear yard setback reduction for single-story building additions:I Abutting: I-95 or railroad tracks: 50% Abutting: Intracoastal: 50% Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of community that abut other than residential: Abutting: Commercial or Industrial 50% Abutting: Public or private park: 50% Interior side: 7.5 feet Comer side: 25 feet2 Minimum living area: 1,200 s.f. Maximum lot coverage: 50% Maximum structure height: 30 feet 53 ' 3 J O a x ++ d d d d z z z z to w w z z E U •• a Q YC to YC YC o O to O N [— to O y O c� O c v �1. O o O Q. M y 00 O m � kn I I LL O O cc 0 `n U •� O OO o ffQ .. ori, "' o O N o d �m r-: z to z x cd W ch U oO o 0 O d to O t d Q rx Q z �o 1:T z z U Qo o ttn z oo r- 1:T z O O o O O DD t Q �� i z 01 01 -- z I O O a0 r. aj Cd Q Qz "O c. Q. $.. c� O fy (� U U Cd p �' Q s .. bD O O Q C/1 tom~" O s. _ _._ U 3 .3u � GTr140. z z z z z z z z 00 w w w w z z z z z • � � d d d d d d d d w w w w z z z z z 00 z z z z z z z z N N N N O z z z z z z z z U O / O O O O O M O O M N r- N N Fri N kn to kn kn M kn kn 44 O O N kn O by o 0 0 0 0 0 0 0 N N O O O O O <M O O N N v A4 0 0 0 0 0 0 0 0 M N -•� N N �n �n �n �n �n M �n �n Cd �. .-. OCd O V N 4 Cdto to L" o O .. C7 U U U w r� r� U rx U ---� EJ Sec. 11. Nonconforming Regulations. A. Lots and Parcels. 1. R-1 District, R-IA District, R-2 District, and R-3 District. A detached single-family dwelling may be constructed on any parcel located in an R-1, R-1 A, R-2, or R-3 district, provided that it meets all of the following requirements: a. The parcel contains at least one (1)whole platted lot,platted prior to August 7, 2001; b. The parcel, or assemblage of platted parcels which individually meet the requirements of paragraph a. above, has a frontage of not less than fifty (50) feet, and a lot area of not less than five thousand(5,000) square feet(irregular, other than rectangle-shaped lots with less than five thousand(5,000) square feet of area may be developed if in conformance with all other lot regulations); c. All such parcels, when developed, shall comply with all provisions of the Land Development Regulations and applicable building code regulations, including without limitation sections of the building code regulations regarding the impact of construction and drainage on or to adjacent properties. -- N 2. R-2 District. Within R-2 districts, in subdivisions platted prior to the effective date of these Regulations, where the platted lots have a frontage of at least forty (40) feet but less than fifty (50)feet,the following rules shall apply: a. A detached single-family dwelling may be constructed on any such parcel,provided that the parcel contains at least one (1)whole platted lot. b. A duplex dwelling may be constructed on any parcel,provided that it meets the following requirements: (1) The parcel contains at least two (2)whole platted lots; (2) Property cannot be acquired from adjacent parcels so as to make the subject parcel conforming, without causing the adjacent parcels to become nonconforming or more nonconforming. c. For any parcel, lot, or combination of lots, where the total frontage is equal or greater than one hundred twenty (120)feet, and the total area is greater than twelve thousand(12,000) square feet, said property shall not be developed except in accordance with the minimum frontage and lot area required in the R-2 zoning district. d. Ownership of parcels shall be determined by the property tax rolls on file in the Palm Beach County Property Appraiser's Office as of the effective date of these Regulations. 3. R-I AA District. A detached single-family dwelling may be constructed on any parcel located in an R-1 AA district,without requiring a variance,provided that it meets the following requirements: a. The parcel contains at least one (1)whole platted lot. b. The parcel has a frontage of not less than sixty (60) feet,and a lot area of not less than six thousand, seven hundred fifty (6,750) square feet in area. c. It would not be possible to acquire property from adjacent parcels so as to make the subject parcel conforming,without causing the adjacent parcels or structures thereon to become nonconforming or more nonconforming. For any parcel or lot, or combination of lots under the same ownership, where the total frontage and the total area is equal to or greater than that which is required by the R-IAA district building and site regulations, said property shall not be developed except in accordance with the minimum frontage and lot area required in the particular zoning district. Not more than one (1)parcel or lot, or combination of lots under the same ownership,that is nonconforming but which meets the requirements under b. above may be developed for a single- family house. 56 ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 1 of 3 Sec. 2. Standards. A. General. 1. Rules and Methodology. a. Parking space requirements shall be computed on the basis of the principal use of a structure or lot, and using gross floor area unless stated otherwise in this article. Gross floor area, for the purposes of this subsection, shall include the floor area occupied by the principal use,plus the floor area occupied by all other enclosed spaces, including but not limited to storage rooms,maintenance and mechanical rooms, offices, lounges, restrooms, lobbies, basements, mezzanines, and hallways. b. Where several principal uses exist in one (1) structure or on one (1) lot,parking space requirements shall be computed separately for each principal use,unless stated otherwise in this article. Where parking spaces are required in this article for each of several principal uses that commonly occur together,this is done for the purpose of clarification only, and shall not limit the application of the requirement contained in this paragraph. c. A use shall be considered a principal use, for the purposes of this subsection, if it could exist separately from all other uses in the same structure or on the same lot, and would by itself generate significant parking demand. d. Where several principal uses exist in one (1)building or part of a building, and the floor area of each principal use cannot be clearly delineated,the parking space requirement for the use requiring the greatest number of parking spaces shall apply. e. Where a use is not listed below, parking space requirements shall be determined by the City Commission after review and recommendation by the Director of Planning and Zoning or designee. f. Where the number of required parking spaces as computed includes a fraction,the number of required parking spaces shall be the computed number rounded to the next highest whole number. g. Except as provided in Section 3.E. below,there shall be provided, at the time of the erection of any structure or establishment of any use, a number of off-street parking spaces in accordance with the following minimum requirements,and subject to the parking requirements of this subsection. Where a structure or use is enlarged or increased in capacity by any means, including a change in building occupancy which requires the provision of additional parking spaces, or a change in use to or which requires additional parking spaces,the minimum number of parking spaces shall be computed by applying these requirements to the entire structure or use. 2. Minimum Number of Required Off-Street Spaces for Non-Residential Uses. No fewer than four(4)parking spaces shall be provided for any non-residential use. 3. Location of Off-Street Parking Areas. a. Residential. Required parking spaces for all dwellings shall be located on the same lot as the dwelling to be served. b. Non-residential. Required parking spaces for all non-residential uses shall be owned by the owner of the building or lot to be served,and shall be located on the same lot, or not more than three hundred(300) feet distance,unless the property is located within those areas defined within the adaptive re-use section of the Code (Chapter 4, Article 5, Section 4). In those areas, required parking spaces may be leased within three hundred(300) feet of the use in which they serve, subject to Board and City Commission approval,and the property shall be posted with signage indicating to patrons the location of the leased parking. B. Table 4-17. Residential and Lodging Uses. Residential and Lodging Uses Standard Number of Required Parking Spaces 57 h4://www.amlegal.com/nxt/gateway.dll/Florida/boynton/partiiilanddevelopmentregulation... ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 2 of 3 Building area size is based upon gross floor area(in square feet)unless specifically expressed otherwise. Single-family,duplex dwelling,or mobile home: 21 Efficiency or one (1)-bedroom apartment: 1.5 1,2 Within mixed use high district: 1.332 Two (2) or more bedroom apartment: 21,2 Within mixed use high district: 1.661'2 Dormitories: 1 per unit Hotel&motel units containing one (1)-bedroom: 1.25 per unit Within mixed use high district: 1 per unit Hotel& motel suite containing two (2) or more 2 per unit bedrooms: Within mixed use high district: 1 per unit Group home(types 1 through 4): 1 per 3 beds Bed&breakfast: 13 Live/work unit: 1 per 2 units4 1 Residential driveways shall satisfy the parking space requirements for single-family detached dwelling units, duplexes, and multi-family dwelling units containing garages,provided such driveways are of sufficient size to meet the parking space requirements of this subsection. A residential driveway of sufficient size shall be provided prior to the issuance of a certificate of occupancy. For all required parking spaces not located within an enclosed garage, the first parking space shall be the minimum size required for a handicap space, exclusive of public or private rights-of-way, and all other required spaces must be dimensioned in accordance with current city standards. All driveways shall be setback at least two (2) feet from interior side and corner side property lines, and maintained and drained so as to prevent nuisance conditions or a danger to the public and/or adjacent property owners. Any expansion to an existing driveway shall require a zoning permit from the Planning and Zoning Division in accordance with the procedures specified in Chapter 2,Article II, Section S.B.; however, any driveway expansion(or similar impervious surface)that is equal to or greater than eight hundred(800) square feet shall require the approval of a land development permit in accordance with Chapter 2, Article III, Section 3. Any work, such as a driveway,proposed within the swale (right-of-way) shall require a permit from the Engineering Division in accordance with the procedures specified in Chapter 2, Article III, Section 4. 2 Guest parking shall be provided at a rate of 0.15 spaces per unit for residential developments consisting of three (3)or more dwelling units. 3 Required parking shall be calculated on the basis of one (1) space per each employee, manager, or owner and one (1)parking space for each guest unit. Newly created parking may be located only in the rear and side yard. 58 http://www.amlegal.com/nxt/gateway.dll/Florida/boynton/partiiilanddevelopmentregulation... ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 3 of 3 4 In addition to the required parking for the residential unit,the city requires that one (1) parking space per two (2) live/work units be provided to meet business activity needs. Parking provided to meet this requirement shall be located on the lot,built into or under the structure, or within three hundred (300) feet of the unit in which the use is located. The distance shall be a straight line measurement from a point on the boundary line of the property of the subject unit to the closest boundary line of the property on which the parking is located. Parking provided to accommodate said space, including driveways of adequate depth in front of the unit's garage, shall not serve as meeting required parking for the unit's residential use. 59 http://www.amlegal.com/nxt/gateway.dll/Florida/boynton/partiiilanddevelopmentregulation... 1/8/2015 E. Mixed Use Urban Building and Site Regulations (Table 3-4). MIXED USE,URBAN MU-LI MU-L2 MU-L3 MU-4 MU-H Lot Area,Minimum(acres): Public park N/A N/A N/A N/A N/A All other uses 0.50 0.75 1 1 1 Lot Frontage,Minimum(ft.)' 100 100 150' 200 200 Structure Ht.,Minimum(ft.) 30 30 30 45 45 Maximum Height(ft.)5 45 65 75 100 150/1256 Maximum Density(DUs/Acre)14,16 20 30 40 60 80 Maximum F.A.R.15 1.0 2.0 3.0 4.0 4.0 Build-to-line ft)" All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement10 Abutting a Local street Oto 010 010 010 010 Interior side Oto 010 010 010 010 Building Setback,Minimum ft)" Rear abutting: Residential single-family 25'/0''' 25' 25' 25' 25' Intracoastal waterway 25' 25' 25' 25' 25' Side abutting Residential single-family 25'/0''' 25' 25' 25' 25' Usable Open Space,Minimum(sq.ft.)L3 N/A N/A N/A 1% 2% 1. Maybe reduced if frontage extends from right-of-way to right-of-way. 2. Minimum of fifty(50) feet,if frontage is on a collector/local collector roadway. 5. Maximum height on any street frontage is forty-five(45)feet. Maximum height on Intracoastal Waterway is thirty-five(35)feet. Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations. 60 6. Maximum height reduced to one hundred twenty-five(125)feet for the entire project where property abuts any MU-L or residential zoning district not separated by a right-of-way. 7. Plus one(1)additional foot for each foot of height over thirty-five(3 5)feet. 8. Where there is an intervening right-of-way of at least forty(40)feet. 9. Subject to permitting agency approval. 10. Buildings and structures shall be located no farther than zero (0)feet from the property line, except in conjunction with providing required visibility at intersections,driveways;open spaces and public plazas;or when additional setback is necessary to provide for required"Pedestrian Zone(PZ).Building placement is a factor of roadway type and CRA district,which determines the min.width and design of the PZ.Except for the Downtown District,where the minimum PZ width is 18',the minimum PZ in all other districts if 16 ft. See Section 5.C.2.below for additional relief provisions from build-to line requirements. 11. Listed eligible historic structures are not required to meet these standards. 13. Usable open space shall be required for all developments two(2)acres in size or larger which shall be devoted to plazas or other public open space, excluding private recreation. See Chapter 4,Article III, Section 8 for additional regulations. 14. Projects within the transit core shall have minimum densities as follows:MU-1 - eleven(11),MU-2 -twenty (20),MU-3 -thirty(30),MU-4-thirty-five(35) and MU-H - forty(40)dwellings per acre (except that minimum density for the MU-H district applies to projects located within the entire station area). 15. Projects within the transit core shall have a minimum FAR as follows: MU-L3 -one and three-quarters(1.75), MU-4(2.0)and MU-H -two(2.0)(except that minimum FAR for the MU-H district applies to projects to be located within the entire station area). 16. The maximum density for projects within the Downtown Transit-Oriented Development District Overlay Zone (the Station Area)may be increased up to twenty-five percent(25%)over the maximum density allowed in the underlying zoning district. (Ord. 10-025,passed 12-7-10; Am. Ord. 12-016,passed 10-2-12; Am. Ord. 14-009, passed 7-1- 14; Am. Ord. 15-006,passed 3-2-15; Am. Ord. 16-023,passed 1-3-17) 61 Sec. 2. Standards. N Sec. 3. Special Reductions in Required Off-Street Parking. The following provisions to reduce the number of required off-street parking spaces shall be utilized individually and not in conjunction with each other or with any other provisions to reduce parking within this article. NOTE: Calculation of needed handicap accessible off-street parking spaces shall be pursuant to the base parking requirements and not based on the reduced parking requirements described by this section for which a project may be eligible(also see Section 5 below regarding Handicap Accessible Off-Street Parking). A. Minimum Parking (Five Percent(S%) Reduction). For all non-residential uses, the total number of required off-street parking spaces may be reduced by up to five percent(5%) of the standard number of required parking spaces for the use(s)to which they are assigned. 1. Applicability. This provision to reduce the standard number of required parking spaces shall only apply when the following conditions are met: a. The reduction in the number of parking spaces shall not cause the development to be noncompliant with Section 2.A. above; b. Shall only apply to non-residential uses; and c. Shall not be applied in conjunction with other provisions to reduce the number of required off-street spaces pursuant to this article. 2. Criteria. The following criteria shall be used in the evaluation of a request to reduce the standard number of required parking by five percent(5%): a. Landscaped areas within off-street parking areas shall be maximized and enhanced, and existing plant material, particularly mature shade trees should be preserved to the maximum extent possible, to help reduce ground-level absorption of solar radiation; b. Impervious surfaces shall be minimized; and c. Pedestrian connections shall be enhanced. 3. Methodology. Where the reduction in the number of required parking spaces as computed includes a fraction, the reduced number of parking spaces shall be the computed number rounded down to the lowest whole number. B. Joint Access/Parking. In all districts, when two(2) or more abutting properties combine their on-site parking with common access drives and interconnectivity for both vehicular and pedestrian use, the total number of required parking spaces may be reduced by ten percent(10%). A review for this type of parking reduction shall be conducted by staff upon the submittal of a cross-parking agreement between property owners in conjunction with a request for a new site plan or site plan modification in accordance with Chanter 2,Article II, Section 2.F. C. Shared Parking. Mixed use developments may utilize the following required parking methodologies based upon shared parking with different hours of use. The total requirement for off- street parking spaces shall be the highest of the requirement of the various uses computed for the following five(5) separate time periods: weekdays (daytime, evening), weekends (daytime, evening) and nighttime. For the purpose of calculating the requirement of the various uses for the various separate time periods,the percent of parking required shall be calculated and certified by a licensed traffic engineer using "Shared Parking, Second Edition",U.L.I., 2005,or other acceptable methodology. ANCE Quantitative evidence may also include, where appropriate, field studies and traffic counts prepared by a traffic consultant experienced in the preparation of parking studies. In addition, a minimum buffer of ten percent(10%) shall be provided to ensure that a sufficient number of parking spaces are available at the peak hour/peak season of parking demand. Calculation of said buffer shall be based on the total number of parking spaces determined to be required at the peak hour/peak season of parking demand. Evidence for joint allocation of required parking spaces shall be reviewed for accuracy and appropriateness. D. Martin Luther King Boulevard Overlay Zone. Parking space requirements shall be calculated in accordance with Section 2 above and shall be reduced by fifty percent(50%). E. Payment in Lieu of Parking. The payment in lieu of parking option is applicable within the central business district(hereinafter CBD) and those areas described under Section 4, "Exceptions to Providing Required Off-Street Parking," A. "Adaptive Re-Use," below. 1. Applicability. Within these areas at the time of any new building construction, off-street parking spaces shall be provided as required by this article and Chapter 3,Article III, Section 3.E. 2. Fee(Method of Assessment). Up to ten percent(10%) of the required parking for new construction and twenty-five percent(25%) of the parking required under the adaptive re-use provisions below in Section 4, as set forth in this subsection,may be satisfied in whole or part by the payment of a non-refundable parking improvement fee in lieu of the provisions of the required off- street parking spaces. Parking improvement fees shall be assessed as follows: The engineer for the applicant shall submit a signed and sealed cost estimate for the construction of structured parking spaces. The estimate shall be broken down by individual spaces,including design, land, and construction cost. If necessary, an outside professional may be retained by the city to review the applicant's cost estimate. The applicant shall pay the retainer fees associated with the review of the cost estimate by the city's consultant. Once reviewed and accepted by the City Engineer or designee, the parking improvement fee in the amount of one hundred ten percent(110%)of the estimate shall be paid to the city in full, prior to the issuance of the first building permit for the project. Parking improvement fees shall be paid into the City of Boynton Beach Parking Trust Fund, and are subject to use by the city for parking related improvements in the geographic areas to which this subsection applies. 3. Additional Requirements. Whenever a payment in lieu of parking is authorized and accepted, the following additional requirements shall apply: a. Any off-street parking arrangement satisfied in this manner shall run with the land, and any subsequent change of use which requires more parking shall require recalculation of the payment in lieu of parking fee. b. No refund of payment shall be made when there is a change to a use requiring less parking. 4. Parking Trust Fund. In addition to land acquisition and the construction of parking spaces, the funds collected may be used to inform the public about parking resources or transit programs, as well as to promote alternative programs intended to alleviate parking congestion, such as the use of a trolley or shuttle system or the construction of bicycle lane facilities. NOTE: With the 50%special reduction in parking for the subject in the Martin Luther King, Jr. Overlay District, the subject, with 100'frontage, meets the requirement for 10 parking spaces 63 SUMMARY OF 2018—2019 USPAP(Uniform Standards of Professional Appraisal Practice) Standard Rule 2: Real Property Appraisal, Reporting In reporting the results of a real property appraisal, an appraiser must communicate each analysis, opinion, and conclusion in a manner that is not misleading. STANDARD 2 addresses the content and level of information required in a report that communicates the results of the real property appraisal. STANDARD 2 does not dictate the form,format, or style of real property appraisal reports. The form, format, and style of the report are functions of the needs of intended users and appraisers. The substantive content of a report determines its compliance. STANDARDS RULE 2-1 Each written or oral real property appraisal report must: (a) clearly and accurately set forth the appraisal in the manner that will not be misleading; (b) contain sufficient information to enable the intended users of the appraisal to understand the report properly; and (c) clearly and accurately disclose all assumptions, extraordinary assumptions, hypothetical conditions, and limiting conditions used in the assignment. STANDARDS R ULE 2-2(a) Each written rental property appraisal report must be prepared under one of the following options and prominently state which option is used:Appraisal Report or Restricted Appraisal Report. The content of an Appraisal Report must be consistent with the Intended Use of the appraisal and, at a minimum: (i) state the identity of the client, unless the client has specifically requested otherwise; state the identity of any intended users by name or type; (ii) state the intended use of the appraisal; (iii) summarize information sufficient to idents the real estate involved in the appraisal, including the physical, legal, and economic property characteristics relevant to the assignment; (iv) state the real property interest appraised; (v) state the type and definition of value and cite the source of the definition; (vi) state the effective date of the appraisal and the date of the report; (vii) summarize the scope of work used to develop the appraisal; (viii) summarize the information analyzed, the appraisal methods and techniques employed, and the reasoning that supports the analyses, opinions, and conclusions; exclusion of the sales comparison approach, cost approach or income approach must be explained; (ix) state the use of the real estate existing as of the date of value in the use of the real estate reflected in the appraisal; (x) when an opinion of highest and best use was developed by the appraiser, summarize the support and rationale for that opinion; (xi) clearly and conspicuously: state all extraordinary assumptions and hypothetical conditions: and state that their use might have affected the assignment results; and (xii) include a signed certification in accordance with Standards Rule 2-3. 64 475.611 Florida Statutes: Definitions.-- (1) As used in this part, the term: (a) "Appraisal" or"appraisal services" means the services provided by certified or licensed appraisers or registered trainee appraisers, and includes: 1. "Appraisal assignment" denotes an engagement for which a person is employed or retained to act, or could be perceived by third parties or the public as acting, as an agent or a disinterested third party in rendering an unbiased analysis, opinion, review, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real property. 2. "Analysis assignment" denotes appraisal services that relate to the employer's or client's individual needs or investment objectives and includes specialized marketing, financing, and feasibility studies as well as analyses, opinions, and conclusions given in connection with activities such as real estate brokerage, mortgage banking, real estate counseling, or real estate consulting. 3. "Appraisal review assignment" denotes an engagement for which an appraiser is employed or retained to develop and communicate an opinion about the quality of another appraiser's appraisal, appraisal report, or work. An appraisal review may or may not contain the reviewing appraiser's opinion of value. (b) "Appraisal Foundation" or"foundation" means the Appraisal Foundation established on November 20, 1987, as a not-for-profit corporation under the laws of Illinois. (c) "Appraisal report" means any communication, written or oral, of an appraisal, appraisal review, appraisal consulting service, analysis, opinion, or conclusion relating to the nature, quality, value, or utility of a specified interest in, or aspect of, identified real property, and includes any report communicating an appraisal analysis, opinion, or conclusion of value, regardless of title. However, in order to be recognized in a federally related transaction, an appraisal report must be written. (d) "Appraisal review" means the act or process of developing and communicating an opinion about the quality of another appraiser's appraisal, appraisal report, or work. (e) "Appraisal subcommittee" means the designees of the heads of the federal financial institutions regulatory agencies established by the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. ss. 3301 et seq.), as amended. (f) "Appraiser" means any person who is a registered trainee real estate appraiser, licensed real estate appraiser, or a certified real estate appraiser. An appraiser renders a professional service and is a professional within the meaning of s. 95.11(4)(a). (g) "Board" means the Florida Real Estate Appraisal Board established under this section. (h) "Certified general appraiser" means a person who is certified by the department as qualified to issue appraisal reports for any type of real property. (i) "Certified residential appraiser" means a person who is certified by the department as qualified to issue appraisal reports for residential real property of one to four residential units, without regard to transaction value or complexity, or real property as may be authorized by federal regulation. Q) "Department" means the Department of Business and Professional Regulation. 65 Page 1 of 5 Vance Real Estate Service ANWONNNOMMIL 9 Jesse B. Vance, Jr., MAI, SRA, ASA, MBA Appraiser - Real Estate Analyst - Reviewer - Expert Witness Vance Real Estate Service - 7481 NW 4 Street - Plantation - Florida - 33317 Office: 954.583.2116; Cell: 954.610.2423; Email: vanceval(a,comcast.net Web Page: www.vancerealestateservice.com Vance Real Estate Service is a Veteran-Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 35 years. Currently registered in"SAM" (U.S. Government System for Award Management—DUNS 826494957).Designated appraisers perform the appraisal work,no trainees. Jesse B. Vance, Jr., MAI, SRA, ASA, MBA and Claudia Vance, MAI are qualified as expert witnesses for eminent domain, bankruptcies, deficiency judgments, marriage dissolution, and estate valuations. Our firm values most types of real property interests for sale, mortgage loans, litigation and investment reasonably, timely and professionally. As licensed real estate brokers,we perform most other real property functions.We also do"Valuations for Financial Reporting." PROFESSIONAL QUALIFICATIONS A)PROFESSIONAL DESIGNATIONS/DEGREES/LICENSES&CERTIFICATIONS MAI DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 SRA DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 ASA DESIGNATION - AMERICAN SOCIETY OF APPRAISERS(RE-Urban)4003439 MBA DEGREE - REAL ESTATE MANAGEMENT AND DEVELOPMENT STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER 4RZ-85(Florida) FLORIDA STATE LICENSED REAL ESTATE BROKER NO.BK.91050 REGISTERED VETERAN-OWNED SMALL BUSINESS(CCR/Duns 826494957) FLORIDA CERTIFIED SDVBE BUSINESS ENTERPRISE(Minority Business Enterprise-MBE) FLORIDA"D.E.P."APPROVED APPRAISER Currently registered in"SAM"(U.S.Government System for Award Management). B)QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION 1.U.S.Court of Appeals,Eleventh Circuit 2.U.S.District Court,Southern District of South Florida 3.U.S.District Court,New Jersey 4.U.S.Bankruptcy Court,Southern District of Florida 5.U.S.Bankruptcy Court,District of New Jersey 6.U.S.Bankruptcy Court,Western(Pittsburgh)Division of Pennsylvania 7.Florida Circuit Courts:Broward,Dade,Palm Beach,Lee,Collier,Martin,and Okeechobee Counties 8.Appraiser on landmark eminent domain cases:TESSLER,NESS TRAILER PARK,PATEL,SIMPSON v. FILLICHIO,RUBANO,PALM BEACH COUNTY(FL)vs.COVE CLUB INVESTORS,LTD. C)EXPERIENCE Over thirty-five(35)years appraising and analyzing real property interests in South Florida Partial list: RESIDENCES, RESTAURANTS/BARS, APARTMENT BUILDINGS, OFFICE BUILDINGS HOTELS/MOTELS, CHURCHES, CONDOMINIUMS/COOPS, HOSPITALS &NURSING HOMES, VACANT LAND, GOLF COURSES, GOLF CLUBS, GASOLINE SERVICE STATIONS, MARINAS, TRAILER PARKS, SHOPPING CENTERS, BANKS/THRIFT INSTITUTIONS, BOWLING ALLEYS, P.U.D.'S, INDUSTRIAL BUILDINGS, TIME-SHARE DEVELOPMENTS, ROCK PITS, SCHOOLS, AGRICULTURAL PROPERTIES, WATER MANAGEMENT DISTRICT, MARKETABILITY, FEASIBILITY ANALYSES, INVESTMENT ANALYSES, AUTO SALES FACILITIES, LEASE VALUATIONS, TAX & ASSESSMENT APPEALS, CONDEMNATION, EXPERT WITNESS (Member National Forensic Center), BUSINESS ENTERPRISE VALUATIONS (BEV), (VFR) VALUATION FOR FINANCIAL REPORTING, AVIGATION & CLEARANCE EASEMENTS, ESTATES, DIVORCES, PLANNING/LAND USE STUDIES, HIGHEST & BEST USE ANALYSES, DEPRECIATION ANALYSES, COMPONENT APPRAISALS, ENVIRONMENTALLY SENSITIVE LAND, CONTAMINATED PROPERTIES, SUGARCANE & TURFGRASS LAND, DAY CARE CENTERS, SELF-STORAGE FACILITIES, FUNERAL HOMES, ANIMAL HOSPITALS, SUBMERGED LAND, CITY CENTERS,etc. 66 Page 2 of 5 D)PARTIAL LIST OF CLIENTS PRIVATE INDIVIDUALS AND CORPORATIONS, ATTORNEYS, ACCOUNTANTS, TRUST DEPARTMENTS, COMMERCIAL BANKS: Wells Fargo; BankAtlantic; SunTrust; American National Bank; Landmark Bank; City National Bank; BankUnited; Gateway American Bank; State Farm Bank; Englewood Bank & Trust; SAVINGS & LOANS, INSURANCE COMPANIES, REAL ESTATE INVESTMENT TRUSTS, & REAL ESTATE TRANSFER COMPANIES, TITLE INSURANCE COMPANIES; FLORIDA CITIES: FORT LAUDERDALE, PLANTATION, COOPER CITY, TAMARAC, LAUDERHILL, BOCA RATON, DEERFIELD BEACH, OAKLAND PARK, WILTON MANORS, HOLLYWOOD, WEST PALM BEACH, DELRAY BEACH, HALLANDALE, PEMBROKE PINES, COOPER CITY, TOWN OF DAVIE, TOWN OF SOUTHWEST RANCHES, MIRAMAR. FLORIDA COUNTIES: BROWARD, PALM BEACH,COLLIER, OKEECHOBEE;BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS;OKEECHOBEE BOARD OF COUNTY COMMISSIONERS. SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, BROWARD COUNTY HOUSING AUTHORITY,STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION(DOT); STATE OF FLORIDA DIVISION OF GENERAL SERVICES(GSA); N. BROWARD GENERAL HOSPITAL DISTRICT; STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Approved Vendor);U_S. TREASURY DEPARTMENT(General Counsel, I.R.S.);U.S.MARSHAL'S SERVICE—U.S.ATTORNEY'S OFFICE CENTRAL DIVISION—U.S.Dept.of Justice; VETERANS ADMINISTRATION E)EDUCATIONAL BACKGROUND-(Partial List) BACHELOR OF ARTS- Earlham College,Richmond,Indiana(1954) MBA(Nova University) - Real Estate Management&Development(National Dean's List 1991) Course 1 (AIREA) - Basic Principles of Appraising Course 2 (AIREA) - Urban Property Valuation(Income) Course 4 (AIREA) -Condemnation Appraising Course 6 (AIREA) - Income Capitalization&Analysis Course 101(SREA) - Introduction to Appraising Course 201(SREA) - Income Property Valuation,Theory Course 202(SREA) - Applied Income Property Valuation Course 301(SREA) - Applications/Appraisal Analysis Symposium (SREA) - Market Analysis,1978,Virginia Symposium (SREA) - Market Analysis,1979,Arizona Symposium (SREA) - Market Analysis,1980,South Carolina Symposium (SREA) - Market Analysis,1981,Tennessee Symposium (SREA) - Market Analysis,1982,New Mexico Symposium (SREA) - Market Analysis,1983,Pennsylvania Symposium (SREA) - Market Analysis,1984,Georgia Symposium (SREA) - Market Analysis,1985,Vancouver,B.C. Symposium (SREA) - Market Analysis,1986,New Jersey Clinic (SREA) -#201 Instructor,1987,U.of Illinois Clinic (SREA) -#201 Instructor,1988,Illinois Seminar (SREA) - Professional Practice,1988,Florida Symposium(SREA) - Market Analysis, 1988,California Symposium(SREA) - Market Analysis, 1989,Minnesota MBA Graduate School Courses: 1990—1991 Successfully completed the following graduate school courses: - "Regulation of Real Estate Development" - "Real Properties Management" - "Legal Issues In Real Estate" - "Market Analysis and Site Selection" - "Organizational Behavior and Management' - "Human Resource Management" - "Real Estate Economics" -"R.E.Finance:Instruments,Institutions&Investment Analysis" - "Urban Infrastructure&Environmental Analysis" - "Real Estate Accounting" - "Marketing Management for Real Estate" - "Commercial Real Estate Lending" - "Construction Technology and the Building Development Process" SEMINAR (AI) - Cost Approach(1992/Boston) SEMINAR (AI) - Rates&Ratios(1992/Boston) SEMINAR (AI) - International Appraising(1992/Boston) SEMINAR (AI) - Litigation Valuation/Mock Trial(1993) SEMINAR (AI) - ADA ACT(1993/Reno) SEMINAR (AI) - Hotel Valuation(1993) SEMINAR (AI) - Income Capitalization,Methods(1993) SEMINAR (AI) - Powerlines/Electromagnetic Radiation(1994) SEMINAR (AI) - Verifying Market Data(1994) SEMINAR (AI) - Market Studies for Appraisals(1994) SEMINAR (AI) - Florida Appraiser Core Law(USPAP/1994) 67 Page 3 of 5 E)EDUCATIONAL BACKGROUND-(Partial List,continued) SEMINAR (AI) - Limited Appraisals&Reports(USPAP/1994) SEMINAR (AI) - Public Safety&Property Values(1995) SEMINAR (AI) - Outparcel Valuation(1995) SEMINAR (AI) - Computer Technology Video Conference(1995) SEMINAR (AI) - The Internet&the Appraiser(1996) SEMINAR (AI) - Florida Commercial Construction(1996) SEMINAR (AI) - Real Property Rights in Florida(1996) COURSE (AI) - USPAP&Florida Real Estate Core Law(1996) SEMINAR (AI) - Valuation of Trees(199 7) 3-DAY COURSE - Environmental Permitting/Mitigation/Mitigation Banking/Contamination Risk Management- Liability/Wetlands/Hazardous Wastes/LenderLiability(1997/Marco Beach.FL) SEMINAR(AI) -Valuation of Transferable Development Rights[TDR's](1997) COURSE (AI) - Standards of Professional Practice,Part C,15 hour Course#430(1997) SEMINAR(AI) - Non-Conforming Uses(1998) SEMINAR(AI) - The Impact of Contamination on Real Estate Value(1998) COURSE (AI) - USPAP&Florida Real Estate Core Law(1998) SEMINAR(AI) - Econometrics/Statistical Valuation Methods(1999) COURSE (AI) - 14 Hour(2-day)Advanced Spreadsheet Modeling for Valuation Applications SEMINAR(AI) - Globalization of Real Estate/What U.S.Appraisers Need to Know(1999) SEMINAR(AI) - The Role of the Appraiser in Alternative Dispute Resolution(Mediation/Arbitration)(1999) SEMINAR(AI) - Technology Forum Part II/Intermediate(1999) SEMINAR(AI) - Client Satisfaction/Retention/Development(1999) SEMINAR(AI) - Attacking and Defending an Appraisal(1999) SEMINAR(AI) - Federal Appraisal Requirements("Yellow Book')(2000) SEMINAR(AI) - Regression Analysis in Appraisal Practice:Concepts&Applications(2000) SEMINAR(AI) -Analyzing Income Producing Properties(2000) SEMINAR(ATIF) - 1031 Tax Deferred Exchanges(2000) COURSE (AI) -USPAP&Florida Real Estate Core Law(2000) SEMINAR(AI) - Mediation&Alternate Dispute Resolution Seminar(2001) SEMINAR(AI) - State of the Appraisal Profession(2001) 2-Day SEMINAR - Eminent Domain,by CLE International,Tampa,Florida(200 1) SEMINAR(AI) -Ad Valorem Assessment Process in Florida(2002) SEMINAR(AI) -Role of Real Estate Appraisers in Bankruptcy Proceedings(2002) SEMINAR(AI) -Appraisers&the Gramm-Leach-Bliley Federal Privacy Act(2002) SEMINAR(AI) -How to Appraise the Ugly House(2002) COURSE(AI) -2-Day Course#430,Standards of Professional Practice,Part C(2002) SEMINAR(AI) -Market Trends for 2003(2003) SEMINAR(AI) -Update on Code of Professional Ethics(2003) PANEL(AI) -Moderator"Industry,Consumer&Congressional Views on Predatory Lending"D.C.(2003) SEMINAR(AI) -Florida State Law for Real Estate Appraisers(2003) SEMINAR(AI) -Appraisal Agreements(2003) SEMINAR(AI) -Analyzing Distressed Real Estate(2004) SEMINAR(AI) -Valuation for Financial Reporting Purposes(2004) SEMINAR(AI) -7 Hour National USPAP Update Course#1400(2004) SEMINAR(AI) -Inverse Condemnation(2004) SEMINAR(AI) -Appraiser Independence in the Loan Process(2004) SUMMIT (AI) -Moderator at 2-day Appraisal Summit in Washington,D.C.(12/2004) SEMINAR(AI) -Loss Prevention Program for Real Estate Appraisers(2005) SEMINAR(AI) -Valuation of Wetlands(7/2005) SEMINAR(AI) -Tri-County Residential Symposium(8/2005) SEMINAR(AI) -"Cool Tools"Internet Resources and Use for Valuation(2/2006) SEMINAR(AI) -FREAB 7-Hour National USPAP Update(5/2006) SEMINAR(AI) -FREAB 3-Hour Florida State Law for Real Estate Appraisers(5/2006) SEMINAR(AI) -USPAP Scope of Work&New Requirements(8/2006) SEMINAR(AI) -USPAP Reappraising,Readdressing&Reassigning Appraisal Reports(2/2007) SEMINAR(AI) -Al Summary Appraisal Report/Residential(4/07) COURSE(Fla..) -14-Hour Continuing Education(including 3-Hour Florida Core Law)(7/2007) SEMINAR(AI) -Real Estate Fraud:Appraisers Beware!(8/2007) SEMINAR(AI) - Florida Law for Real Estate Appraisers(11/2007) COURSE(AI) -Business Practices and Ethics—8 hours(12/2007) SEMINAR(AI) -Supervisor Trainee Roles and Rules(2/2008) SEMINAR(AI) -7 Hour National USPAP(4/2008) SEMINAR(AI) -USPAP Hypothetical Conditions&Extraordinary Assumptions(5/2008) SEMINAR(AI) -Litigation Skills for the Appraiser—7-Hour Seminar(9/2008) SEMINAR(AI) -Public Sector Appraising(2/2009) 68 Page 4 of 5 E)EDUCATIONAL BACKGROUND-(Partial List,continued) WEBINAR(AI) -Develop an Effective Marketing Plan(3/2009) SEMINAR(AI) -Inspecting the Residential"Green House"(4/2009) SEMINAR(AI) -Property Tax Assessment(5/2010) SEMINAR(AI) -Supervisor Trainee Roles and Rules(7/2010) SEMINAR(AI) -Florida Law for Real Estate Appraisers(7/2010) SEMINAR(AI) -7-Hour Introduction to Valuation for Financial Reporting—Chicago(5/2009) SEMINAR(AI) -Government Regulations&Their Effect on R.E.Appraising(8/2009) SEMINAR(AI) -R.E.Market:How We Got Here,Where We Are,Where We're Going(10/2009) SEMINAR(AI) -7 Hour National USPAP Update Course(10/1/2010) COURSE (AI) -7 Hour Introduction to Conservation Easement Valuation(12/10/2010) SEMINAR(AI) -The Real Estate Market(2/18/2011) COURSE (AI) - 16 Hours Uniform Appraisal Standards for Federal Land Acquisitions("Yellow Boob')(2/25-26/2011) WEBINAR(AI) -Real Estate Industry Perspectives on Lease Accounting(4/7/2011) COURSE (AI) - 15 Hour Appraisal Curriculum Overview(5/19-20/2011) WEBINAR(AI) -2-hour Investment Property Accounting Standards(6/8/2011) SEMINAR(AI) -3 Hour Spotlight on USPAP—Agreement for Services(7/15/2011) COURSE (AI) - 14 Hours(2-day)Advanced Excel Spreadsheet Modeling for Valuation Applications(9/22&9/23/2011) SEMINAR(AI) - Trial Components(11/4/11) SEMINAR(AI) - Lessons from the Old Economy Working in the New(1/20/2012) 7-Hour USPAP -National USPAP Update(3/9/2012) 3-Hour Fla..Law -State Law Update(3/9/2012) SEMINAR(AI) - Appraisal Review for General Appraisers(4/12/2012) SEMINAR(AI) - Land Valuation(4/20/2012) SEMINAR(AI) - The Valuation of Warehouses(6/22/2012) SEMINAR(AI) - Town Hall Meeting:2012 Appraisal Institute Forum(7/12/2012) SEMINAR(AI) - IRS Valuation(7/19/2012) SEMINAR(AI) - 7 Hour Business Practices and Ethics Course(12/7/2012) SEMINAR(AI) - Real Estate Forecast 2013(1/25/2013) COURSE(AI) - 7 Hour Advanced Marketability Studies(5/6/2013) SEMINAR(AI) - Developing a Supportable Workfile(11/15/2013) SEMINAR(AI) - Florida Appraisal Law Course(2/7/2014) SEMINAR(AI) - Liability Issues for Appraisers performing Litigation&Non-Lending Work(2/24/2014) COURSE(AI) - 7 Hour National USPAP Update Course(4/25/2014) SEMINAR(AI) - Economic Conditions(5/16/2014) SEMINAR(AI) - Fundamentals of Going Concerns(7/16/2014) SEMINAR(AI) - Litigation Assignments for Residential Appraisers(7/24/2014) SEMINAR(AI) - Economic Engines of Miami-Dade County,Florida(1/23/2015) SEMINAR(AI) - Economic Engines Driving Broward County,Florida(5/15/2015) 3-Hour Fla.Law - Florida Real Estate Broker 14-hour Continuing Education Course (incl.3 hour core law)with exam(9/2015) SEMINAR(AI) -Drone Technology&its Effect on Real Estate Valuations(11/2015) SEMINAR(AI) -Loss Prevention for Real Estate Appraisers(1/22/2016) COURSE(AI) -7-Hour National USPAP Update Course(4/22/2016) SEMINAR(AI) -3-Hour Florida Appraisal Law(4/22/2016) SEMINAR(AI) -4-Hour Appraisals in the Banking Environment(5/6/2016) SEMINAR(AI) -Appraising the Tough One:Mixed Use Properties(8/19/2016) SEMINAR(AI) -4-Hour Business Practices&Ethics(12/02/2016)5-Year Requirement WEBINAR(AI) -2-Hour Yellow Book Changes—Overview for Appraisers(1/11/2017) SEMINAR(AI) -3-Hours Economic Engines Driving Broward County in 2017(1/27/2017) COURSE(AI) -7-Hours:Introduction to Green Buildings Principles&Concepts(2/24/2017) COURSE(AI) -4 Hours:Another View of the Tough One:Sales Comparison Approach for Mixed-Use Properties(5/19/2017) SEMINAR(AI) -4 Hours:Appraising for Federal Office of Valuation Services&Yellow Book Review(8/18/2017) COURSE(BR) -14 Hours Real Estate Continuing Education,including 3-Hour Florida Real Estate Core Law(9/13/2017) COURSE(AI) - 4-Hours:2-4 Unit Small Residential Income Property Appraisals(11/3/2017) COURSE(AI) - 15 Hours"Yellow Book"Unifonn Appraisal Standards for Federal Land Acquisitions—Passed Exam(11/10/2017) SEMINAR(AI) - 3 Hours"Hot Topics and Myths in Appraiser Liability"(1/26/2018) COURSE(AI) - 7-Hour National USPAP Update Course(2/9/2018) SEMINAR(AI) - 3 hours Florida Appraisal Law(2/9/2018) 69 Page 5 of 5 F)APPRAISAL TEACHING EXPERIENCE Licensed by the Florida Department of Education to Teach(Certificate No.275236). Authored and taught Residential and Commercial Real Estate Appraisal Courses for Broward County Adult Education Program. Taught Course 101 - Society of Real Estate Appraisers. Taught Course 201 - Society of Real Estate Appraisers. Taught Appraisal Seminars-Board of Realtors,ASA, SREA,and Al (Appraisal Institute). Adjunct Professor, University of Florida Division of Continuing Education: (taught Course 2, "Real Estate Principles and Practices" to prospective Florida Real Estate Brokers). G)PROFESSIONAL OFFICES HELD/AWARDS NATIONAL B.O.D.MEMBER - BOARD OF DIRECTORS of APPRAISAL INSTITUTE (2006-2008) AWARD - Appraisal Institute`NATIONAL PRESIDENTS AWARD"2008 AWARD - Appraisal Institute"LIFETIME ACHIEVEMENT AWARD"2011 For"high ethical standards,contributions to the Appraisal Institute,Community and Appraisal Profession for at least 20 years." CHAIR - REGION X -All of Florida -Appraisal Institute(2008) VICE-CHAIR - REGION X -All of Florida -Appraisal Institute(2007) THIRD DIRECTOR - REGION X -All of Florida -Appraisal Institute(2006) FINANCE OFFICER - REGION X—All of Florida—Appraisal Institute(2006) PRESIDENT - BROWARD COUNTY,SOCIETY OF REAL ESTATE APPRAISERS PRESIDENT - BROWARD COUNTY,AMERICAN SOCIETY OF APPRAISERS CHAIR - FLA.STATE GOVERNMENT RELATIONS SUBCOMMITTEE OF Al CHAIR - FLA.STATE LEGISLATION&REGULATION SUBCOMMITTEE OF Al G)PROFESSIONAL OFFICES HELD/AWARDS CHAIR - FLORIDA REALTORS COMMITTEE ON COMMITTEE REFORMS CHAIR - EDUCATION COMMITTEE,FT.LAUDERDALE CHAPTER Al CHAIR - CANDIDATES GUIDANCE COMMITTEE,FT.LAUDERDALE CHAPTER Al CHAIR - NATIONAL Valuation for Financial Reporting PROJECT TEAM OF Al VICE CHAIR&MEMBER - NATIONAL GOVERNMENT RELATIONS COMMITTEE OF Al(15 Years) MEMBER - NATIONAL LONG RANGE PLANNING COMMITTEE OF Al MEMBER - NATIONAL PUBLIC AFFAIRS COMMITTEE OF Al DIRECTOR - REGION X(Florida)Appraisal Institute MEMBER - REGION X(FLORIDA)ETHICS AND COUNSELING PANEL DIRECTOR - BROWARD COUNTY,FLORIDA SOCIETY OF REAL ESTATE APPRAISERS DIRECTOR - SOUTH FLORIDA CHAPTER AMERICAN SOCIETY OF APPRAISERS MEMBER - NATIONAL EXPERIENCE REVIEW PANEL MEMBER OF Al SPECIAL MASTER - BROWARD COUNTY BOARD OF TAX ADJUSTMENT COMMISSIONER - 17TH JUDICIAL CIRCUIT COURT,Broward County,FL MEMBER - 2013 APPRAISAL INSTITUTE NATIONAL BUSVAL PROJECT TEAM H)PROFESSIONAL PUBLICATIONS&PRESENTATIONS Wrote and taught a basic Residential Appraisal Course for the Broward County Adult Education Div.of the Dept.of Education; Wrote and taught an Income Appraisal Course for the Broward County Adult Education Division of the Department of Education; Co-authored and taught an appraisal course on Mortgage-Equity Capitalization for the American Society of Appraisers. Authored and taught a Florida State and Appraisal Institute 3-hour accredited course in"The Legislation,Regulation and Appraisal of Real Property Rights in Florida September 7,1996. Presentation on"Gramm-Leach-Bliley"Federal Privacy Act of 1999 for South Florida Chapter of American Society of Appraisers on October 24,2001. Presented 3-hour Florida CEU-credit seminar on"Appraisers and the Gramm-Leach-Bliley Act"before the South Florida Chapter of the Appraisal Institute on July 27,2002. Presenter at 6.5 Hour CLE-credit Attorney Seminar on Florida Eminent Domain,"Valuation and Damage Issues" February 2,2006, Fort Lauderdale,Florida P CIVIC INVOLVEMENT MEMBER OF ROTARY INTERNATIONAL/PAUL HARRIS FELLOW MEMBER OF THE GREATER FORT LAUDERDALE OPERA GUILD MEMBER FLORIDA PHILHARMONIC BROWARD TRUSTEES MEMBER OF THE BROWARD COUNTY LIBRARY SUPPORT GROUP("BYBLOS") MEMBER CIRCLE OF FRIENDS—NOVA SOUTHEASTERN LIBRARY FOUNDATION MEMBER NOVA SOUTHEASTERN UNIVERSITY ALUMNI ASSOCIATION MEMBER OF THE FORT LAUDERDALE HISTORICAL SOCIETY MEMBER OF THE BROWARD COUNTY MUSEUM OF THE ARTS MEMBER OF THE FORT LAUDERDALE/BROWARD COUNTY CHAMBER OF COMMERCE MEMBER OF THE BETTER BUSINESS BUREAU OF SOUTH FLORIDA LIFETIME HONORARY MEMBER FLORIDA SHERIFF'S ASSOCIATION MEMBER NATIONAL&FT.LAUDERDALE COUNCILS U.S.NAVY LEAGUE U.S.ARMY VETERAN WWII(RA 1721268 1)-HONORABLE DISCHARGE 1949 70 I of Vance Beal Estate Service ir 01% Claudia Vance, MAI Appraiser - Real Estate Analyst Reviewer Vance Real Estate Service - 7481 NW 4 Street Plantation - FL - 33317 Office: 954.583.2116 Cell: 954.647.7148 Email: vanceval ,att.net Web Site:www.vancerealestateservice.com Vance Real Estate Service is a Veteran-Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 35 years. Designated appraisers perform the appraisal work,no trainees. Our appraisals are used for financial/mortgage loan purposes from large mixed use complexes to small owner-occupied properties. We have the qualifications for appraisals submitted to SBA. Jesse B.Vance,Jr.,MAI, SRA,ASA and Claudia Vance,MAI are qualified as expert witnesses for eminent domain,deficiency judgments,marriage dissolution,and estates. Our firm values most types of real property interests,timely,professionally,and at competitive costs. PROFESSIONAL QUALIFICATIONS A)PROFESSIONAL DESIGNATIONS/LICENSES MAI Designation- APPRAISAL INSTITUTE No.9451 State-Certified General Real Estate Appraiser No.RZ-173 Florida State Licensed Real Estate Broker No.BK 0161305 VOSB Veteran-Owned Small Business(CCR/Duns 826494957) B)WORK HISTORY 1983-Current Vice President-Vance Real Estate Service 1981-1983 President-The Appraisal Company,Fort Lauderdale,Florida 1979-1981 Staff Appraiser -Real Property Analysts,Inc.,Fort Lauderdale,Florida 1976-1980 REALTOR-Associate-The Atwood Corporation,Fort Lauderdale,Florida 1973-1975 Teacher of Secondary Language Arts in the Jefferson Parish School in Louisiana C)QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION U.S.Bankruptcy Court,Southern District of Florida Florida Circuit Court:Broward County D)APPRAISER SPECIAL MAGISTRATE FOR THE BROWARD CO VALUE ADJUSTMENT BOARD 2002-2010 E)EXPERIENCE:35+years appraising and analyzing real property interests in South Florida Partial list of real property types valued: High value residences,Condominiums/Co-operatives,Office,Industrial,Multi-family,Restaurants/bars,Auto dealerships,City Centers, Hotels/motels, Houses of worship, Schools, Child care centers, Self-storage, Funeral home, Animal Hospital, Mixed use,Nursing homes, Gas sales stations,Marinas,Mobile home parks, Shopping centers, Country clubs/golf courses, Financial institutions,Bowling centers,Vacant land, Agricultural properties,Environmentally sensitive land Types of Reports: Market Value, Eminent Domain, Marketability, Feasibility, Highest and Best Use, Investment Analyses, Partial Interests, Easement Valuations,Estate planning,Marriage dissolution,Land use studies,Damage/Contamination studies 71 2 of F)PARTIAL LIST OF CLIENTS— PRIVATE: Individuals,Corporations,Attorneys,Accountants,Habitat for Humanity,Seminole Tribe of Florida COMMERCIAL BANKS: Wells Fargo; BankAtlantic; SunTrust Citigroup; Space Coast Credit Union; State Farm Bank; Florida Shores Bank;American National Bank;Landmark Bank;City National Bank;Englewood Bank&Trust SAVINGS & LOANS, INSURANCE COMPANIES, REAL ESTATE INVESTMENT TRUSTS, & REAL ESTATE TRANSFER COMPANIES,TITLE INSURANCE COMPANIES FLORIDA CITIES: Fort Lauderdale, Plantation, Cooper City, Deerfield Beach, Tamarac, Oakland Park, Wilton Manors, Davie,Hollywood,Pembroke Pines,Hallandale Beach,Lauderhill, Southwest Ranches,Miramar,Boca Raton,Boynton Beach, West Palm Beach,Delray Beach FLORIDA COUNTIES and AGENCIES: Broward,Palm Beach,Broward County Board of County Commissioners,School Board of Broward County,Broward County Housing Authority STATE OF FLORIDA Department of Transportation(FDOT),Department of Environmental Protection U.S.Department of Veterans Affairs,U.S.Department of Treasury(IRS),U.S Marshall's Service,U.S.Attorney G)EDUCATIONAL BACKGROUND Academic: Bachelor of Arts Degree—University of New Orleans,New Orleans,LA—Major: English Professional: Course 1-A (AIREA)- Introduction to Appraising Real Property,1977,Passed Exam Course 1-B (AIREA)- Capitalization Theory and Techniques,1978,Passed Exam Course VIII(AIREA)- Residential Appraising,1978,Passed Exam Course SPP (AI) - Standards of Professional Practice,1992,Passed Exam Course 2-1 (AIREA)- Case Studies,1987,Passed Exam Course 2-2 (AIREA)- Report Writing,1987,Passed Exam Course R-2 (SREA) - Report Writing,1978,Passed Exam Course 202 (SREA) - Applied Income Property Valuation,1983,Passed Exam Course 301 (SREA) - Applications/Appraisal Analysis, 1984,No Exam Course SPP (SREA) - Standards of Professional Practice,1989,No Exam Symposium (SREA)- Market Analysis,1983,Philadelphia Symposium (SREA)- Market Analysis,1984,Atlanta Symposium (SREA)- Market Analysis,1985,Vancouver Symposium (SREA)- Market Analysis,1986,Atlantic City Symposium (SREA)- Market Analysis,1988,Los Angeles SEMINAR (AI) - Cost Approach(1992/Boston) SEMINAR (AI) - Rates&Ratios(1992/Boston) SEMINAR (AI) - International Appraising(1992/Boston) SEMINAR (AI) - Litigation Valuation/Mock Trial(1993) SEMINAR (AI) - ADA ACT(1993/Reno) SEMINAR (AI) - Hotel Valuation(1993) SEMINAR (AI) - Income Capitalization,Methods(1993) SEMINAR (AI) - Powerlines/Electromagnetic Radiation(1994) SEMINAR (AI) - Verifying Market Data(1994) SEMINAR (AI) - Market Studies for Appraisals(1994) SEMINAR (AI) - Florida Appraiser Core Law(USPAP/1994) SEMINAR (AI) - Limited Appraisals&Reports(USPAP/1994) SEMINAR (AI) - Public Safety&Property Values(1995) SEMINAR (AI) - Outparcel Valuation(1995) SEMINAR (AI) - Computer Technology Video Conference(1995) SEMINAR (AI) - The Interact&the Appraiser(1996) SEMINAR (AI) - Florida Commercial Construction(1996) SEMINAR (AI) - 1996 Data Exchange(1996) SEMINAR (AI) - Real Property Rights in Florida(1996) COURSE (AI) - USPAP&Florida Real Estate Core Law(1996) SEMINAR (AI) - Valuation of Trees(1997) 72 3 of4 G)EDUCATIONAL BACKGROUND(Continued) SEMINAR(AI) - Valuation of Transferable Development Rights[TDR's] (1997) COURSE (AI) - Standards of Professional Practice,Part C,15 hour Course#430(1997) SEMINAR(AI) - Non-Conforming Uses(1998) SEMINAR(AI) - The Impact of Contamination on Real Estate Value(1998) COURSE (AI) - USPAP&Florida Real Estate Core Law(1998) SEMINAR(AI) - Econometrics/Statistical Valuation Methods(1999) SEMINAR(AI) - Globalization of Real Estate/RThat U.S.Appraisers Need to Know(1999) SEMINAR(AI) - The Role of the Appraiser in Alternative Dispute Resolution(Mediation/Arbitration)(1999) SEMINAR(AI) - Technology Forum Part II/Intermediate(1999) SEMINAR(AI) - Client Satisfaction/Retention/Development(1999) SEMINAR(AI) - Attacking and Defending an Appraisal(1999) SEMINAR(AI) - Federal Appraisal Requirements(2000) SEMINAR(AI) - Regression Analysis in Appraisal Practice:Concepts&Applications(2000) SEMINAR(AI) -Analyzing Income Producing Properties(2000) COURSE (AI) -USPAP&Florida Real Estate Core Law(2000) SEMINAR(AI) - Mediation&Alternate Dispute Resolution Seminar(2001) SEMINAR(AI) - State of the Appraisal Profession(2001) SEMINAR(AI) -Ad Valorem Assessment Process in Florida(2002) SEMINAR(AI) -Role of Real Estate Appraisers in Bankruptcy Proceedings(2002) SEMINAR(AI) -Appraisers&the Gramm-Leach-Bliley Federal Privacy Act(2002) SEMINAR(AI) -How to Appraise the Ugly House(2002) COURSE(AI) -2-Day Course#430,Standards of Professional Practice,Part C(2002) SEMINAR(AI) -Market Trends for 2003(2003) SEMINAR(AI) -Update on Code of Professional Ethics(2003) PANEL(AI) -Moderator"Industry,Consumer&Congressional Views on Predatory Lending"D.C.(2003) SEMINAR(AI) -Florida State Law for Real Estate Appraisers(2003) SEMINAR(AI) -Appraisal Agreements(2003) SEMINAR(AI) -Analyzing Distressed Real Estate(2004) SEMINAR(AI) - Valuation for Financial Reporting Purposes(2004) SEMINAR(AI) - National USPAP Course(2004) SEMINAR(AI) - Inverse Condemnation(2004) SEMINAR(AI) - Loss Prevention(2005) SEMINAR(AI) - Single Family Fraud Awareness(2005) SEMINAR(AI) - Guide to the new URAR form(2005) SEMINAR(AI) - Technologies for Real Estate Appraisers(2006) SEMINAR(AI) - The Appraiser's Role in New Urbanism(2006) SEMINAR(AI) - National USPAP Update(2006) SEMINAR(AI) - Florida State Law for Real Estate Appraisers(2006) SEMINAR(AI) - Scope of Work and the New USPAP Requirements(2006) SEMINAR(AI) - Energy Star and the Appraisal Process(2006) SEMINAR(AI) - Reappraising,Readdressing,and Reassigning Appraisals(2007) SEMINAR(AI) - Real Estate Fraud(2007) SEMINAR(AI) - Forecasting Revenue(2007) SEMINAR(AI) - Florida Law for Real Estate Appraisers(2007) COURSE(AI) -Business Practice and Ethics#420(2007) SEMINAR(AI) -Supervisor—Trainee Roles and Rules(2008) COURSE(AI) -7 Hour National USPAP Update#400(2008) SEMINAR(AI) -Hypothetical Conditions and Assumptions(2008) SEMINAR(AI) -Real Estate Economy(2008) SEMINAR(AI) -Public Sector Appraising(2009) SEMINAR(AI) -Inspecting the residential"green"house(2009) WEBINAR(AI) -Value for Financial Reporting(2009) SEMINAR(AI) -The Real Estate Market in 2009 SEMINAR(AI) -New Govemment Regulations(2009) SEMINAR(AI) -Property Tax Assessment (2010) SEMINAR(AI) -7 Hour National USPAP (2010) SEMINAR(AI) -Florida Law for Real Estate Appraisers(2010) SEMINAR(AI) -Supervisor/Trainee Roles and Rules(2010) SEMINAR(AI) -The Real Estate Market(2011) SEMINAR(AI) -Uniform Appraisal Standards for Federal Land Acquisitions-"Yellow Boob'(2011) COURSE(AI) -15 Hour Appraisal Curriculum Overview(2011) SEMINAR(AI) -Spotlight on USPAP—Agreement for Services(2011) SEMINAR(AI) -Trial Components(2011) 73 4 of G)EDUCATIONAL BACKGROUND(Continued) SEMINAR(Al) -Lessons from the Old Economy Working in the New(2012) SEMINAR(Al) -Appraisal Review for General Appraisals(2012) COURSE(Al) -National USPAP Update(2012) SEMINAR(Al) -Florida Law(2012) SEMINAR(Al) -Land Valuation(2012) SEMINAR(Al) -Valuation of Warehouses(2012) SEMINAR(Al) -IRS Valuation(2012) SEMINAR(Al) -Business Practices and Ethics(2012) SEMINAR(Al) -Real Estate Forecast(2013) SEMINAR(Al) -Advanced Marketability Studies(2013) SEMINAR(Al) -Developing a Supportable Workfile(2013) SEMINAR(Al) -Florida Appraisal Law(2014) SEMINAR(Al) -Liability Issues for Appraisers performing Litigation&Non-Lending Work(2014) COURSE(Al) -7 Hour National USPAP Update Course(2014) SEMINAR(Al) -Florida Law(2014) SEMINAR(Al) -New Real Estate Economy(2014) SEMINAR(Al) -Economic Engines of Miami-Date County(2015) SEMINAR(Al) -Economic Engines of Broward County(2015) SEMINAR(Al) -Tightening the Appraisal(2015) SEMINAR(Al) -Evaluating Commercial Construction(2015) SEMINAR(Al) -Drone Technology(2015) SEMINAR(Al) -Loss Prevention for Appraisers(2016) COURSE(Al) -7 Hour National USPAP Update(2016) SEMINAR(Al) -Florida Law(2016) SEMINAR(Al) -Redefining the Appraisal&Its Role in an Evolving Banking Environment(2016) SEMINAR(Al) -The Tough One,Mixed use properties(2016) SEMINAR(Al) -Business Practices&Ethics(2016) SEMINAR(Al) -Economic Engines Driving Broward County(2017) SEMINAR(Al) -Introduction to Green Buildings&passed exam(2017) SEMINAR(Al) -Another View of the Tough Ones(2017) SEMINAR(Al) -Appraising for the Office of Valuation Services,Department of the Interior(2017) SEMINAR(Al) -Case Studies in Appraising Green Residential Buildings&passed exam(2017) SEMINAR(Al) -Uniform Appraisal Standards for Federal Land Acquisitions&passed exam(2017) H)PROFESSIONAL INVOLVEMENT Region X Representative of the Appraisal Institute 2006—2009 President of the South Florida Chapter of the Appraisal Institute-2003 First Vice-President of the South Florida Chapter of the Appraisal Institute-2002 Second Vice-President of the South Florida Chapter of the Appraisal Institute-2001 Secretary of the South Florida Chapter of the Appraisal Institute-2000 Treasurer of the South Florida Chapter of the Appraisal Institute-1999 Chair of the Education Committee of the S.Florida Chapter of the Appraisal Institute-1995,1996,1997,1998,2007-2018 Chair of the University Relations Committee of the South Florida Chapter of the Appraisal Institute-2006 Director of the South Florida Chapter of the Appraisal Institute 1996-1998 Member of Region X(Florida)Ethics and Counseling Panel—Al Graduate of the Florida REALTORS Institute(GRI) Director of the Florida Association of REALTORS (FAR)-1981 Committee Member of the Florida Association of REALTORS,Education Committee 1980&1981 Chairman of the Education Committee of the Fort Lauderdale REALTORS- 1981 and 1982; Member 1978,1979,1980 Member of the Long Range Planning and Awards Committees of the Fort Lauderdale REALTORS Instructor for the Investment Division of the Fort Lauderdale REALTORS D PROFESSIONAL PUBLICATIONS&PRESENTATION Prepared and taught Mastering Real Estate Mathematics at the Fort Lauderdale Area Board of REALTORS Prepared and taught A Guide to Researching Real Estate Information in Broward County and Working Through the Basic Approaches to Market Value, Fort Lauderdale Area Board of REALTORS J) CIVIC INVOLVEMENT Member of the Navy League of the United States—Fort Lauderdale Council Lifetime Honorary Member-Florida Sheriff s Association Member of Zeta Tau Alpha Alumnae Fraternity 74 APPRAISAL REPORT VACANT LAND 342 NORTHEAST 11 AVENUE BOYNTON BEACH,FLORIDA 33435 by Vance Real Estate Service 7481 Northwest Fourth Street Plantation,Florida 33317-2204 for Boynton Beach Community Redevelopment Agency 710 North Federal Highway Boynton Beach, FL 33435 March 26, 2018 Vance Real Estate Service sf, March 26 2018 = t E Boynton Beach Community Redevelopment Agency � �`�`}�' 710 North Federal Highway Boynton Beach, FL 33435 - i i RE: Vacant land, 342 Northeast 11 Avenue, Boynton Beach, FL 33435 (Legal description is in the report) Ladies and Gentlemen: In fulfillment of our agreement, we transmit our Appraisal Report, in which we develop an opinion of market value for the fee simple estate in the referenced real property as of March 26, 2018. The report sets forth our value conclusion, along with data and reasoning supporting our opinion. This report was prepared for and our professional fee billed to Boynton Beach Community Redevelopment Agency. Our analyses have been prepared in conformance with the Uniform Standards of Professional Appraisal Practice (USPAP 2018-2019). This report is for exclusive use of the client for possible acquisition. ! Jesse B. Vance, Jr. and Claudia Vance visited the property. If you have questions or further needs, please contact the undersigned. As a result of our analyses, we have developed the following opinion of the market value of the appraised property, subject to definitions, certifications, and limiting conditions set forth in the attached report. NINE THOUSAND DOLLARS $9,000 I (THIS LETTER MUST REMAINATTACHED TO THE REPORT WTH SEVENTY-FIVE(75)NUMBERED PAGES FOR THE VALUE OPINION SET FORTH TO BE CONSIDERED VALID.) Respectfully submitted, Jesse B. Vance, Jr., MAI, SRA, ASA State-Certified General Real Estate Appraiser RZ-85 Claudia Vance, MAI State-Certified General Real Estate Appraiser RZ-173 MBA in REAL ESTATE DEVELOPMENT&MANAGEMENT 7481 Northwest 41h Street,Plantation,FL 33317-2204 954/583-2116 -- TABLE OF CONTENTS Pate Number Title Page i Letter of Transmittal ii Table of Contents iii INTRODUCTION 4 Photos of the u �ectProperty 5 1-3-5 Mile LocationMap 7 1-3-5 Mile Summary of Demographic Statistics 8 Summary of Important Facts and Conclusions 10 DESCRIPTIONS ANALYSES & CONCLUSIONS 11 I entity of Client and Intended User 12 Intended Use 12 Identification of Real Estate Appraised 12 Ownership 12 Property Address and Legal Description 12 Real Estate Tax Analysis 13 Market Area Description 14 Zoning 18 Site Description 21 Real Property Interest Appraised 22 Appraisal Purpose and Definition of Market Value 23 Effective Dates of the Appraisal and Report 24 Scope of the Work 24 Summary of Information Considered 24 Property History 25 Highest and Best Use 25 SALES COMPARISON APPROACH- LAND VALUE 29 Land Sales es Location Map 31 Land Sales Documentation 32 Land Sales Comparison Chart 43 Valuation by Sales Comparison 44 FINAL VALUE OPINION 48 Certification and Limiting Conditions 49 ADDENDA 51 Acquiring deed 52 "R-2" zoning ordinance excerpt 53 "MU" zoning ordinance excerpt 61 Martin Luther King Blvd Overlay Zone parking requirement 63 USPAP Standards Rule 2-2a 65 Qualifications of the Appraisers 67 INTRODUCTION a W i b x ' r VIEW OF THE APPRAISED LAND, LOOKING SOUTH °A i STREET SCENE OF NE II AVENUE, LOOKING WEST 5 %V tt l " i 1 t 1 f y z s k7� A x Z M c w Jt C) C) z W A 4 t S 4 y W Y �r s � dre � 't• S4 � t 75 PuZ 3Na � � � )ta ti �LAkwJ �a�tope N , Waith ��t,—`-j.,*W qWGr1h R0 � 8 ND 2 LaKc Rau 1 t� M01,31ouca Ln-Z VY01Eh IIIN luh,. 4 Is � an to sro Rd Lar!WrtsRsl •�, s m t r � gac�uxcRd ��-If#y�{�erl.�99Rd''-' i r ON cs Old B mcm Rd �S .Br r� Baartdn,, d IN Born '�a ,G(*d, �rnh� Beach a } i t rounlr-y�.:r.� 73€�w . Hunters r +4 - m ` stun ` r �+Pati� d �,®otr r',r ar NY Lake Ida Del B � e IKings PointI� Lcnvaorr Blvd w 10Mh St{{' 1-3-5 MILE RADII FROM THE VALUED PROPERTY 342 NE 11 Avenue Boynton Beach, Florida 33435 • Gesn" 342 NE 11th Ave, Boynton Beach, Florida, 33435 VANCE REAL ESTATE SERVICE Rings: 1, 3, 5 mile radii 1 mile 3 miles 5 miles Population 2000 Population 12,212 71,432 157,141 2010 Population 12,469 80,718 175,395 2017 Population 13,937 88,526 189,728 2022 Population 14,996 94,301 200,943 2000-2010 Annual Rate 0.21% 1.23% 1.11% 2010-2017 Annual Rate 1.55% 1.28% 1.09% 2017-2022 Annual Rate 1.48% 1.27% 1.16% 2017 Male Population 49.1% 47.9% 47.9% 2017 Female Population 50.9% 52.1% 52.1% 2017 Median Age 41.2 43.4 46.0 In the identified area, the current year population is 189,728. In 2010, the Census count in the area was 175,395. The rate of change since 2010 was 1.09% annually.The five-year projection for the population in the area is 200,943 representing a change of 1.16% annually from 2017 to 2022. Currently, the population is 47.9% male and 52.1%female. Median Age The median age in this area is 41.2, compared to U.S. median age of 38.2. Race and!Ethnicity 2017 White Alone 35.4% 60.5% 65.3% 2017 Black Alone 58.3% 30.7% 25.2% 2017 American Indian/Alaska Native Alone 0.5% 0.3% 0.5% 2017 Asian Alone 0.8% 2.0% 2.3% 2017 Pacific Islander Alone 0.0% 0.0% 0.0% 2017 Other Race 2.6% 3.6% 4.0% 2017 Two or More Races 2.3% 2.8% 2.7% 2017 Hispanic Origin (Any Race) 11.4% 17.3% 18.4% Persons of Hispanic origin represent 18.4% of the population in the identified area compared to 18.1% of the U.S. population. Persons of Hispanic Origin may be of any race.The Diversity Index, which measures the probability that two people from the same area will be from different race/ethnic groups, is 65.7 in the identified area, compared to 64.0 for the U.S. as a whole. Households 2000 Households 4,476 31,011 68,455 2010 Households 4,657 34,293 74,856 2017 Total Households 5,274 37,565 80,494 2022 Total Households 5,700 39,990 85,005 2000-2010 Annual Rate 0.40% 1.01% 0.90% 2010-2017 Annual Rate 1.73% 1.26% 1.01% 2017-2022 Annual Rate 1.57% 1.26% 1.10% 2017 Average Household Size 2.61 2.33 2.33 The household count in this area has changed from 74,856 in 2010 to 80,494 in the current year, a change of 1.01% annually. The five-year projection of households is 85,005, a change of 1.10% annually from the current year total. Average household size is currently 2.33, compared to 2.32 in the year 2010.The number of families in the current year is 46,730 in the specified area. Data Note:Income is expressed in current dollars Source:U.S. Census Bureau,Census 2010 Summary File 1. Esri forecasts for 2017 and 2022. Esri converted Census 2000 data into 2010 geography. March 27, 2018 8 • Gesn" 342 NE 11th Ave, Boynton Beach, Florida, 33435 VANCE REAL ESTATE SERVICE Rings: 1, 3, 5 mile radii 1 mile 3 miles 5 miles Median Household Income 2017 Median Household Income $38,331 $48,659 $51,460 2022 Median Household Income $42,000 $54,219 $57,494 2017-2022 Annual Rate 1.85% 2.19% 2.24% Average Household Income 2017 Average Household Income $59,091 $68,142 $74,995 2022 Average Household Income $66,438 $77,753 $85,321 2017-2022 Annual Rate 2.37% 2.67% 2.61% Per Capita Income 2017 Per Capita Income $22,721 $29,471 $32,248 2022 Per Capita Income $25,562 $33,504 $36,512 2017-2022 Annual Rate 2.38% 2.60% 2.51% Households by Income Current median household income is$51,460 in the area, compared to $56,124 for all U.S. households. Median household income is projected to be $57,494 in five years, compared to $62,316 for all U.S. households Current average household income is$74,995 in this area, compared to $80,675 for all U.S. households. Average household income is projected to be $85,321 in five years, compared to $91,585 for all U.S. households Current per capita income is $32,248 in the area, compared to the U.S. per capita income of$30,820. The per capita income is projected to be $36,512 in five years, compared to $34,828 for all U.S. households Housing 2000 Total Housing Units 5,245 36,991 81,592 2000 Owner Occupied Housing Units 2,977 22,433 51,231 2000 Renter Occupied Housing Units 1,498 8,578 17,224 2000 Vacant Housing Units 770 5,980 13,137 2010 Total Housing Units 5,909 43,380 93,555 2010 Owner Occupied Housing Units 2,765 22,203 52,054 2010 Renter Occupied Housing Units 1,892 12,090 22,802 2010 Vacant Housing Units 1,252 9,087 18,699 2017 Total Housing Units 6,560 46,609 99,492 2017 Owner Occupied Housing Units 2,763 22,007 51,668 2017 Renter Occupied Housing Units 2,511 15,558 28,826 2017 Vacant Housing Units 1,286 9,044 18,998 2022 Total Housing Units 7,093 49,348 104,875 2022 Owner Occupied Housing Units 2,931 23,073 54,012 2022 Renter Occupied Housing Units 2,770 16,917 30,993 2022 Vacant Housing Units 1,393 9,358 19,870 Currently, 51.9% of the 99,492 housing units in the area are owner occupied; 29.0%, renter occupied; and 19.1% are vacant. Currently, in the U.S., 55.6% of the housing units in the area are owner occupied; 33.1% are renter occupied; and 11.3% are vacant. In 2010, there were 93,555 housing units in the area - 55.6% owner occupied, 24.4% renter occupied, and 20.0% vacant. The annual rate of change in housing units since 2010 is 2.77%. Median home value in the area is$197,578, compared to a median home value of$207,344 for the U.S. In five years, median value is projected to change by 5.00% annually to$252,199. Data Note:Income is expressed in current dollars Source:U.S. Census Bureau,Census 2010 Summary File 1. Esri forecasts for 2017 and 2022. Esri converted Census 2000 data into 2010 geography. March 27, 2018 9 SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS PROPERTY APPRAISED: Vacant land 342 Northeast 11 Avenue Boynton Beach, FL 33435 OWNERSHIP: Larann LLC P O Box 362042 Melbourne, FL 32936 LAND AREA: 3,000 square feet (size is from public records, no sketch of survey is available for review) IMPROVEMENTS: None ZONING: "R-2", Single and two-family residential district in the city of Boynton Beach FUTURE LAND USE: "MU-L1", Mixed Use Low Intensity 1, in the city of Boynton Beach APPRAISAL PURPOSE: To develop an opinion of market value INTEREST APPRAISED: Fee simple CURRENT USE: Vacant land HIGHEST AND BEST USE: Any residential use permitted in the "MU-L1" land use district when the appraised land is assembled with other parcels to a minimum standard land area of 0.50 acres. VALUE BY THE SALES COMPARISON APPROACH: NINE THOUSAND DOLLARS 9 000 VALUATION DATE: March 26, 2018 Exposure Time: 6 months prior to selling at the appraised value 10 DESCRIPTIONS, ANALYSES, CONCLUSIONS APPRAISAL REPORT This is an APPRAISAL REPORT that complies with Standard Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice (USPAP 2018 - 2019) 2-2(a)(i) State the identity of the client; state the identity of any intended users by name or type; The client and intended user of this report is the Boynton Beach Community Redevelopment Agency. 2-2(a)(ii) State the intended use of the appraisal; The intended use of the appraisal is for possible acquisition of the appraised property. Any other use is not intended. 2-2(a)(iii) Summarize information sufficient to identify the real involved in the appraisal, including the physical, legal and economic property characteristics relevant to the assignment; Owner: Larann LLC P O Box 362042 Melbourne, FL 32936 Property Address: 342 Northeast 11 Avenue (approximately) Boynton Beach, FL 33435 Legal Description: Unnumbered lot east of Lot 1, Block 4, MEEKS AND ANDREWS ADDITION TO BOYNTON, FLA., Plat Book 5, page 84, Palm Beach County, FL Census Tract No. 61 12 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Real Estate Tax: Parcel Control Number: 08 43 45 2122 004 0110 Land Value: $5,336 Improvement Value: -0- Total Market Value: $5,336 Assessed Value: $4,193 Ad Valorem Tax: $ 97 Non Ad Valorem Tax: $ -0- Total Tax: $ 97 No exemptions for this property. Properties are assessed in arrears by the county property appraiser. The tax bill is issued in November and a 4% discount is given to a tax payer if the amount is paid in November. The discount diminishes until March, when the tax is due and payable. In Florida, the taxable (assessed) value for non- homesteaded properties can be increased to a maximum of 10% per year, from tax year 2009 going forward, based on a constitutional amendment voted on by the electorate of the state. There are some exceptions which relate to school taxing districts. However, the millage of the city can increase; thus, real estate taxes can continue to increase from year to year. The 10% per year increase cap accounts for the difference between the Total Market Value of the appraised property and the Assessed Value. 13 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Market Area Description: Boundaries and Market Composition & Transportation Infrastructure The general market area is the City of Boynton Beach in eastern-central Palm Beach County. Population of the city is about 72,000 residents; land area of the municipality is about 16 square miles situated between Delray Beach on the south and Lake Worth on the north. The town was named for an early developer, Nathan Boynton, a former major in the Union Army in the Civil War. The city was founded in 1898 and incorporated in 1920. Most of the original buildings were destroyed in the hurricane of 1926, though a few remain. Others which were constructed in the early 1920's are still in use with repairs and replacements over the decades. Time and economic trends take a toll on properties; thus, in 1984 a redevelopment plan was adopted for the Community Redevelopment Area (CRA) in the city. It covers 1,650 acres in the central part of the municipality west of the Intracoastal Waterway. One of the districts in the CRA is the immediate subject market area known as the Heart of Boynton (HOB), containing 380 acres. This area is the historic, older part of the CRA, with the following boundaries: Boynton Beach Canal (C-16) on the north, Florida East Coast (FEC) Railroad on the east, Interstate 95 on the west, and jagged line a few blocks north of Boynton Beach Boulevard as the south boundary, at about NE 3 Avenue. Agriculture and farming had been important activities in past centuries in Boynton Beach. Commerce came to the area when Henry Flagler extended the Florida East Coast Railway from West Palm Beach to Miami in 1896. The railroad was the main mode of transportation to bring visitors and manufactured products to the city as well as transporting produce grown in the vicinity out of the area to other cities in the southeastern United States. Boynton Beach Boulevard is the principal east-west artery in the subject market area, having an interchange with Interstate 95 on the west side of the neighborhood. The boulevard continues west through Palm Beach County to its terminus at State Road 7/ U S Highway 441. 14 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Two miles east of State Road 7, it has an interchange with Florida's Turnpike. Boynton Beach Boulevard commences on the east at U S Highway 1, just to the east of the FEC Railroad. U S Highway 1 is the main north-south artery through eastern Palm Beach County and extends along the eastern seaboard of the United States. Seacrest Boulevard is a main north-south artery through the City of Boynton Beach and south into Delray Beach. Martin Luther King, Jr. Boulevard is an east-west thoroughfare through the Heart of Boynton. The immediate subject market area is easily accessible by main roads and Interstate 95. Property types in the Heart of Boynton are smaller commercial establishments along the main roads, light industrial close to the FEC Railroad, municipal facilities, single family residential, small multi-family dwellings, a few apartment buildings and places of worship. As mentioned, some structures date back to the 1920s, but most which are still usable were built in the mid-twentieth century. Municipal facilities in the immediate subject market area include parks, two elementary schools and a community center. Recent projects implemented in the Heart of Boynton are: • Seacrest Boulevard Streetscape • Carolyn Sims Center • Ocean Breeze West - 21 homes joint venture with Habitat for Humanity • Construction of single family residences on Martin Luther King, Jr. Boulevard Future projects are: • Revitalization of Martin Luther King, Jr. Boulevard and surroundings • Redevelopment of the Public Works site • Establishment of mixed use districts of residential and commercial • Expansion of light industrial near the FEC Railroad • Widening and extension of NW 11 Avenue, west of Seacrest Boulevard. 15 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Population Trends The demographic survey in the beginning of the report of 1, 3, and 5 mile radial circles from the appraised property shows the median household income for 2017 in the one-mile radius is $38,331, for three miles it is $48,659 and $51,460 for the five mile circle. All are lower than the median household income for Palm Beach County of $54,400, even though the east parts of the circles include the residents all the way to the Atlantic Ocean. In the one-mile circle, population is 13,937. In three miles, population increases to 88,526; at five miles, it is 189,728. However, about one-third of the three and five mile circles are over the Atlantic Ocean. Annual growth rate is anticipated to be 1.16% to 1.48% in the three circles during the next five years as the economy and job market improves in South Florida, and new multi-family residential complexes are constructed. The median age in the market area is 41.2 years compared to the U. S. median age of 38.2 years. 52% of the housing units are owner occupied, with 29% rented. The percentage of renters is higher in this market because many of the single family houses are owned by investors who purchased them after the economic crash in 2008. Vacancy is reported to be 19%; however, this amount is high due to the undercount of the other two categories. Median home value in the five-mile area is $197,578, including waterfront homes, compared to median home value of $207,344 in the United States. The life cycle stage of the market area is stability, a period of equilibrium without marked gains or losses, after a period of decline. The purpose of the Heart of Boynton Community Redevelopment Plan is to revitalize the market area with new housing options and business opportunities. There are examples of new houses along Martin Luther King, Jr. Boulevard, with more planned in the immediate vicinity. Economic Trends During 2005-2006, the subject market area was experiencing a rise in property prices due primarily to the availability of financing with adjustable rate mortgages. 16 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Interest rates adjusted upward, but rental rates of multi-family properties did not. For single family residences, interest rates on mortgages adjusted upward, but homeowners' incomes did not increase. Scenarios were the same for many property types, all with the same result of owners' inability to make the payments and mortgages foreclosed. This situation was exacerbated by the economic crash in late 2008, followed by the Great Recession. The foreclosure cycle appears to have ended. Currently, sales are between individuals or investors who previously purchased the properties from foreclosing lenders. Current buyers will reside in the properties or hold them in their investment portfolios. Third party lenders are providing financing to investors and residents, at high loan to price ratios. Sale prices for single-family residences in the subject market area and close vicinity are in the range of $85,000 to $180,000, depending on building size, age and condition. Price range for multi-family dwellings are from about $70,000 to $100,000 per unit based on the same factors. Land unit prices are mostly from about $4.00 to $7.00 per square foot. Family Dollar Store is an addition to the subject market area; it consists of an 8,100 square foot commercial building at the southeast corner of the signalized intersection of Martin Luther King, Jr. Boulevard and North Seacrest Boulevard. More revitalization in the CRA is taking place along US Highway 1, in the southern part of the corridor near Ocean Avenue and Boynton Beach Boulevard with projects such as 500 Ocean, with 341 residential units, 20,000 square feet of retail space and 6,000 square feet of office. Ocean One at 114 N Federal Highway is planned for 358 apartments, 12,075 square feet of retail, 120 hotel room and 439 parking spaces. The Villages at East Ocean Avenue were approved for 371 dwelling units and 15,757 square feet of commercial space. Town Square, a major redevelopment project, will take place on Boynton Beach Boulevard and NE 1 Street, encompassing 16.5 acres of land where the current city hall and police station stand. 17 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) The new project will include two 8-story apartment buildings with 230 and 244 units, 144 unit assisted living facility, 120 room hotel, 31,800 square feet of retail/ office, a new city hall, police station, fire station and park. Renovation of the historic high school is part of the project. The redevelopment goal is to transform Boynton Beach from a retirement community to a vibrant city where residents can enjoy living and working in an attractive setting. Conclusion The immediate subject market area of the Heart of Boynton (HOB) has the components of an appealing neighborhood with schools, parks and recreation. HOB is easily accessible by main roads and Interstate 95. Goods and services are nearby on Boynton Beach Boulevard and U S Highway 1. With the involvement of the City of Boynton Beach and the Community Redevelopment Agency, Heart of Boynton Community Redevelopment Plan can continue to succeed in revitalizing the area. Land Use: Medium Density Residential, maximum density 9.58 dwelling units per acre Zoning: "R-2", Single and Two-family Residential District with the purpose to implement the medium density residential future land use map classification of the comprehensive plan. The intent of the district is to stabilize and protect existing residential neighborhoods with density no greater than 10 dwelling units per acre, and allow limited types of non-residential uses. Minimum lot area is 4,500 square feet per unit for a duplex; minimum lot frontage is 75 feet. 18 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Single family dwellings shall be constructed on lots that are no less than 6,000 square feet with a width of at least 60 feet and follow the building and site regulations of the "R-1", Single Family District. Excerpt from the zoning code is in the Addenda. The appraised site is comprised of an unnumbered lot from a plat dated 1914. It has a width of 20 feet and size of 3,000 square feet. This parcel appears to be a remnant of the plat to balance off an oversized lot in the block to the north. Typical lots in the plat are 50 feet wide, but one lot in the block to the north is 70 feet. Thus, the subject is a strip of land 20 feet wide in the southern block to square the overall plat. In any event, a 20 foot wide parcel appears to be a non-conforming site in any residential district, with 20 foot frontage which cannot accommodate the construction of a modern residential structure. Determination of use and non-conformities of the site are made by Boynton Beach City officials. Future Land Use: The recommended future land use for the subject site in the Heart of Boynton District is "MLT-L1", Mixed Use Low Intensity. The zoning district would potentially be the same. Though, single family residential use is not permitted in the mixed use districts. Minimum lot area for "MU-L1" is 0.50 of an acre or 21,780 square feet. Most individual lots in the old plats contain 7,500 square feet or less. Most probably, three lots would have to be assembled (7,500 square feet x 3 lots = 22,710 square feet) to be of sufficient size for development. Minimum lot frontage is 100 feet. 19 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Maximum density is 20 units per acre. An excerpt from the zoning ordinance is in the Addenda. Determination of the use of one substandard lot would have to be made by city officials. Permitted residential uses in mixed use districts include two-family dwellings, multi-family dwellings, mixed use, live-work units, and townhouses. Commercial uses are only permitted on arterials and collector roads. Sites on local roads would be restricted to residential uses. City officials make the determination of allowed uses and permitted density of sites. The city of Boynton Beach is holding public hearings on the rezoning of a section of the immediate subject market area to the west of the appraised lot from "MU-L2", maximum 30 dwelling units per acre to "MU-2", Mixed Use 2 District, maximum 40 dwelling units per acre. The effect would be an increased yield of the land to attract a developer to construct a mixed use project which might be a catalyst for further private redevelopment of the market area. However, the location of the zoning change is only the south side of the 100 block of Martin Luther King, Jr. Boulevard and abutting lots on NE 9 Avenue. The rezoning has the support of the city, increasing the reasonable probability that the change will occur. 20 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) The issue for the subject market area is to assemble sites of individual lots large enough to accommodate a new mixed use project in zoning/ land use districts which will permit them. In other sections in the Heart of Boynton with "R-2" and "R- 3" zoning districts, greater density is also recommended by increasing the Medium Density Residential district to 11 dwelling units per acre. The Boynton Beach Community Redevelopment Agency (CRA) has been acquiring properties over the years. The intended use of this appraisal is to assist the CRA in purchasing the appraised property for assemblage. The appraised lot is in the Martin Luther King Boulevard Overlay Zone. The Boynton Beach zoning code states that parking space requirement shall be reduced by 50% of the standard number for properties in that zone. Site Description: The shape of the lot is rectangular. No sketch of survey is available for review. Approximate size and dimensions are from public records. North boundary on NE 11 Avenue: 20 feet East boundary on adjacent land: 150 feet South boundary on adjacent land: 20 feet West boundary on adjacent property: 150 feet Total: Approximately 3,000 square feet or 0.0689 of an acre Utilities: All utilities are available in the vicinity of the site. 21 APPRAISAL REPORT (continued) 2-2(a)(iii) Summarize information sufficient to identify the real estate involved in the appraisal, including the physical, legal and economic characteristics relevant to the assignment; (continued) Access: The site is accessible via NE 11 Avenue, a two- laned, local road with streetlights, but no sidewalks. The avenue intersects with Seacrest Boulevard three blocks to the west and intersects with North Railroad Avenue a few lots to the east. The unpaved strip of land to the east of the appraised parcel is noted on the plat as a street; however, there is no indication that is was dedicated as a right-of-way on the old plat. The strip is only the length of the lots in the plat, with little functional utility. Easements: No sketch of survey to review to note easements. If they exist, utility easements would most probably be around the perimeter of the lot. Improvements: None Environmental Assessment: No assessment was available for review. 2-2(a)(iv) State the real property interest appraised; A person who owns all the property rights is said to have fee simple title. A fee simple title implies absolute ownership unencumbered by any other interest or estate. Partial interests in real estate are created by selling, leasing, et cetera. Partial estates include leased fee and leasehold estates. The interest appraised is fee simple. 22 APPRAISAL REPORT (continued) 2-2(a)(v) State the type and definition of value and cite the source of the definition; The purpose of the appraisal is to develop an opinion of market value of the subject property as of March 26, 2018. MARKET VALUE: a type of value, stated as an opinion, that presumes the transfer of a property (i.e., a right of ownership or a bundle of such rights), as of a certain date, under specific conditions set forth in the definition of the term identified by the appraiser as applicable in an appraisal. The conditions included in market value definitions establish market perspectives for development of the opinion. These conditions may vary from definition to definition but generally fall into three categories: 1. the relationship,knowledge, and motivation of the parties(i.e.,seller and buyer); 2. the terms of sale(e.g.,cash,cash equivalent,or other terms);and 3. the conditions of sale(e.g., exposure in a competitive market for a reasonable time prior to sale). Market value appraisals are distinct from appraisals completed for other purposes because market value appraisals are based on a market perspective and on a normal or typical premise. These criteria are illustrated in the following definition of Market Value*, provided here only as an example. Market value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. buyer and seller are tvpically motivated 2. both parties are well informed or well advised and acting in what they consider their own best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and S. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. * This example definition is from regulations published by federal regulatory agencies pursuant to Title XI of the Financial Institutions Reform,Recovery, and Enforcement Act(FIRREA)of 1989 between July 5, 1990, and August 24, 1990, by the Federal Reserve System (FRS), National Credit Union Administration(NCUA), Federal Deposit Insurance Corporation (FDIC), the Office of Thrift Supervision (OTS), and the Office of Comptroller of the Currency (OCC). This definition is also referenced in regulations jointly published by the OCC, OTS, FRS, and FDIC on June 7, 1994,and in the Interagency Appraisal and Evaluation Guidelines,dated December,2010. Florida Court Definition: "Market Value is the price that a seller willing, but not compelled to sell, and a buyer willing, but not compelled to buy, would agree to in fair negotiations with knowledge of all the facts." [Source: Fla. Power & Light Co., v. dennin,%,Ys, 518 So.2d 895 (Fla. 1987)] 23 APPRAISAL REPORT (continued) 2-2(a)(vi) State the effective date of the appraisal and the date of the report; A) Effective Date of the Appraisal: March 26, 2018 B) Date of the Report: March 26, 2018 2-2(a)(vii) Summarize the scope of work used to develop the appraisal; The appraisal problem is to develop an opinion of value of the property based on its highest and best use. The appraiser inspected the property and photographed it. A thorough investigation was made into the physical characteristics of the property that could affect its value. The market area was surveyed to determine its stage of the life cycle. Research was conducted to ascertain economic factors that might influence value. Data research consisted of collecting, confirming, and reporting land sales. The process included searches and analyses, inspections and confirmations, and final reporting. The appraiser examined several sources of sales data, including the multiple listing service, Palm Beach County Appraiser's records, the public records, and data from the appraiser's plant. For Sales Comparison Approach-Land Valuation, land sales are compared to each other and to the property under appraisement to arrive at an opinion of value. 2-2(a)(viii) Summarize the information analyzed, the appraisal methods and techniques employed, and the reasoning that supports the analyses, opinions, and conclusions; exclusion of the sales comparison approach, cost approach, or income approach must be explained; The information analyzed and appraisal method used is detailed in the valuation section of the report. Further, the reasoning that supports the analyses, opinion, and conclusion is explained in that section. Cost Approach is not used because there are no structures on the site. The Income Approach is not employed in this appraisal because most land is typically purchased for immediate use, not for lease. Sales Comparison Approach is the best method to value vacant land. Exclusion of the Cost Approach and Income Approach still produce a creditable report. 24 APPRAISAL REPORT (continued) SR I-5 When the value opinion to be developed is market value, if such information is available in the normal course of business: a) analyze all agreements of sale, options, or listings of the subject property current as of the effective date of the appraisal; and There are no known agreements for sale, options or listings of the subject property as of the effective date of appraisal. b) analyze all sales of the subject property that occurred within the three (3) years prior to the effective date of the appraisal. The appraised property was acquired by tax deed on December 13, 2012 for $6,838. A copy of the deed is in the Addenda. This sale was not an arm's length transaction; the price has no relevance to this appraisal. 2-2(a)(ix) State the use of the real estate existing as of the date of value, and the use of the real estate or personal property reflected in the appraisal; The use of the real estate on the date of valuation is vacant land, and it is this use which is reflected in the appraisal. No personal property is included in the valuation. 2-2(a)(x) When an opinion of highest and best use was developed by the appraiser, summarize the support and rationale for that opinion. HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Physically Possible as Vacant No soil or subsoil tests are available for review. However, properties surrounding the subject are improved with residential structures. The land is level and filled to street grade. Land size is approximately 3,000 square feet and rectangular in shape. All utilities are available in the vicinity of the site. The site is accessible via Northeast 11 Avenue. The width of the parcel is only 20 feet which is too narrow to be improved with a residential structure. 25 HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Legally Permissible as Vacant Legal restrictions to the development of the site consist of land use designation, building and zoning codes, platting restrictions and restrictive covenants. Land use designation is Medium Density Residential, maximum density 9.58 dwelling units per acre. Recommended future land use is "MU- L1", Mixed Use Low Density, 20 dwelling units per acre. Minimum lot area would be 0.50 of an acre or 21,780 square feet. The lot concerned contains 3,000 square feet with a width of 20 feet, not meeting the standards of the "MU-L1" district. It would have to be assembled with adjoining lots to meet the requisite size. Current zoning is "R-2", One and Two-family residential district. If the subject lot were assembled with the lot to the west, it might be permitted to be redeveloped with a two-family residence because the combined lot size would be about 10,500 square feet. A two-family residence requires 4,500 square feet of land per dwelling unit (4,500 square feet x 2 = 9,000 square feet). However, a new single family residence would most probably not be allowed on the assembled lots in a mixed use zoning or land use district. Again, city officials make the determination of use and density for redevelopment of land. The city of Boynton Beach is holding public hearings on the possibility of rezoning a section of lots to the west of the subject to "MU-2", Mixed Use, 40 dwelling units per acre. The intent of the mixed use districts is to have more dwelling units in the immediate subject market area to accommodate a growing population. The old model of small one or two family dwellings on a single lot with much of the land sitting vacant is inefficient. Greater productivity of the land is the upcoming strategy with mixed use on a site sharing parking and recreational facilities. Thus, if the subject lot is assembled with other lots to reach the minimum lot area, the assembled site might be able to be improved with 20 units per acre in the future. As a sliver of land with a 20 foot width, the subject has little practical use which affects the value of the parcel. 26 HIGHEST AND BEST USE OF THE PROPERTY AS VACANT Financially Feasible as Vacant The third test of Highest and Best Use is economic feasibility. Demand for a certain property type must be evident for it to be feasible. For it to be financially feasible, the use must be marketable and provide the investor with a competitive return when compared with alternate uses. The subject market area has been improved with single-family residences and small multi-family dwellings for almost 100 years. Structures come to the end of their useful lives, improvements are razed and the sites are redeveloped with modern projects. There are examples of this cycle throughout the subject market area. New single family redevelopment projects in the subject vicinity are Ocean Breeze West with 21 homes, Eastview Park with market rate houses ranging from $255,000 to $300,000 constructed by D R Horton, and four new houses on West Martin Luther King, Jr. Boulevard sold from $166,000 to $195,000. The four houses are the result of the work of the Boynton Beach CRA and Boynton Beach Faith-Based Community Development Corporation. To date, there are no higher density residential projects or mixed use projects in the Heart of Boynton (HOB) District. The HOB District includes sections designated for higher intensity residential use along Martin Luther King (MKL), Jr. Boulevard east of Seacrest Boulevard. To have sites to accommodate larger mixed use projects, the adjoining lots to the south along NE 9 Avenue and to the north fronting NE 11 Avenue are also included. As discussed, minimum lot area would be 21,780 square feet in the recommended "MU-L1" future district. Financially feasibility for the lot concerned is to assemble it with surrounding lots to have a minimum of 0.50 of an acre to meet the standard in the future zoning/ land use district to be able to develop the site with a multi-family residential project. The most probable buyer of the subject lot would be a local developer that would construct such a project. Time for development is when the subject and adjacent lots can be improved with 20 dwelling units per acre. Maximally Productive as Vacant In summary, the Highest and Best Use of the appraised property as vacant is any residential use permitted in the district permitting 20 dwelling units per acre after the lot is assembled with surrounding parcels to a size of 0.50 of an acre. Such uses would be potentially physically possible, most probably legally permissible, financially feasible and maximally productive. 27 APPRAISAL REPORT (continued) 2-2(a)(xi) Clearly and Conspicuously: State all extraordinary assumptions and hypothetical conditions; and state that their use might have affected the assignment result. There are no extraordinary assumptions or hypothetical conditions in this report. 2-2(a)(xii) Include a signed certification in accordance with Standards Rule 2-3 See signed certification in report. 28 SALES COMPARISON APPROACH LAND VALUATION GATEWAY Subject Subject & Land Sale Locations '2 a LAKESIDE HARBOUR NW21STA 5V 1 I f t zi 26TH AVE G ST_ is HE 20TH-LN t + 9 r1 rn ,� i"• N'; BOYNTON BAYBAY-C�I�z it � 1 � ;=IF O1j fO HE 17TH AVE ay F-- +II LAKE ST 4� < 17TH ALE NJ 'm NE 17TH A 4E--z• 'z z 1�� w � I N 16TH LT "AHATEE B�AYDR (z z — vz�_ 16THAVE HE MANATEE BAY DR �_, 4tt �.zl ,—w �m t 11 AI -� MANATEE�OR zm o• u z L _ h4 HE Iz c. z r�E 44Fi A lam. ¢ :„nom Crn• ,s Boyn IDA Canal SALE 3 :l�iSHORE DR � SALE� � 4; a L�m w z R a z NEL1 N_ ,SALE ( raa 1sT i=Cr N VE n f�x _ 4 NLN 12TH AVE p^� a �f ES H r--�-a NW 1t•2TH AVE gin= 'm `�I I rl �� I � wl ��,� NNF Si =f { THAVE �l �--_ SUBJECT r W10TH AVE •O� AR71N LtP�r rcrN �L:'%� r� � � I z' t� 1 Z 'WrALE':2' VE �.NW 9TH AVE �L�� \ SALE 6 l � t)•—.- (, HE STH AVE NE STH AAVE I C �� SALE 9 VE —J 1+ n NW 7TH AVE `�`"w- `ST z' NE 7TH A E HE 7TH AYE zj f/ HE 6TH AV S (�—� �`' SP^�sc"Cl€-AR'>3 � E 6TH HE 5TH AVE N J'j1 +r C.,:_ ;�. NW STH AVE '�;=LJl�-=f _1L�NESfHJAVE— 's ', [N��T:HAJ �I�� L_N1M 4TAVE "Y {�NE.4T}f AVE 4 !� NE 3RD ALE n E(jOY,N TON BEACH BLVD rl sa� t NW�IST AVE �� NE ISTAVE E OCEAN E g t z��L1 WO['EANAVE •o.CV ��r--' Vs � �w �SE 1SI ST AVE z1 —SW ST AVE w ----� HUDSON AVE it. � r �SW 3RD AVE c SE3RDAVE yl -SE 4TH`r VE HORIZONS IST W Z Data use subject to license. R a 6 DeLorme.DeLorme Street Atlas LISA@ 2069. � 0 468 800 1200 1600 2800 Www.delorme.com MN(6.7°W) Data Zoem 140 31 VACANT LAND SALES SALE NO. 1 LEGAL DESCRIPTION Lot 5, ROBERT WELLS' SUBDIVISION, Plat Book 11, page 66,Palm Beach County, FL, less the north 10 feet for road RECORDED O. R. Book 29172,Page 1071,Palm Beach County Records GRANTOR Larann Land Investments, LLC GRANTEE Boynton Beach Community Redevelopment Agency DATE OF SALE June 15,2017 LOCATION 340 East Martin Luther King, Jr. Boulevard Boynton Beach, Florida ZONING "R-2", Single and two-family residential district FUTURE LAND USE "MU-Ll",Mixed Use Low Intensity SALE PRICE $50,000 LAND SIZE 7,750 square feet(50' x 155') UNITS OF COMPARISON $6.45 per square foot FOLIO NUMBERS 08-43-45-21-04-000-0050 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMED Grantee, Boynton Beach CRA COMMENTS Boynton Beach CRA is acquiring properties in the area to be assembled into larger sites and readied for redeveloped. 32 4. g ag Kd g.nr�4uvd 1 1 ) Oil mmom LA D SALE 1 340 EAST MARTIN LUTHER KING, JR. BOULEVARD BOYNTON BEACH, FL 33435 33 VACANT LAND SALES SALE NO. 2 LEGAL DESCRIPTION Lot 27, Block 1 of E. Roberts Addition to Boynton, FLA, Plat Book 1,Page 123 of Palm Beach County Public Records. RECORDED O. R. Book 28358,Page 1638, Palm Beach County Records GRANTOR Larann Land Investments, LLC GRANTEE Bride of Christ Tabernacle, Inc. DATE OF SALE June 6,2016 LOCATION 199 E. Martin Luther King Blvd. (NE 10 Avenue) Boynton Beach, Florida ZONING "R-2"Residential/Duplex FUTURE LAND USE "MU-Ll",Mixed Use Low Intensity SALE PRICE $50,000 LAND SIZE 7,000 square feet(50.00' x 140') UNITS OF COMPARISON $7.14 per square foot* FOLIO NUMBER 08-43-45-21-27-001-0270 CONDITIONS OF SALE Arm's length cash transaction. CONFIRMED Grantee: Mr. Claude Maxime COMMENTS * Purchased by adjacent Church for church parking. 34 i tfi�e y, . ME lk�r Aem w , 11 , ryry - y"� Y , ,:reran iwn®er r;ie. �r tga�d ng ar bivsl- e a{;,.u,v�.ar�er bang.nr�srvra _._: '' g -- �rwarmn i.�r�a.r i 1 , a LAND SALE 2 199 E MARTIN LUTHER KING, JR. BLVD. BOYNTON BEACH, FL 35 VACANT LAND SALES SALE NO. 3 LEGAL DESCRIPTION Lots 9 and 10, Block 1, THE MEEKS AND ANDREWS ADDITION TO BOYNTON, Plat Book 5, page 84, Palm Beach County, FL RECORDED O. R. Book 29294,Page 1058,Palm Beach County Records GRANTOR Iran Guzman, et al GRANTEE Albert Thomas, et al DATE OF SALE August 10,2017 LOCATION 309 NE 11 Avenue and 1106 NE 2 Street Boynton Beach, Florida ZONING "R-2", Single and two-family residential district FUTURE LAND USE "MDR", Medium Density Residential SALE PRICE $79,000 LAND SIZE 17,629 square feet(approximately 115' x 155') UNITS OF COMPARISON $4.48 per square foot FOLIO NUMBERS 08-43-45-21-22-001-0090, 0100 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMED Kelly Louidort for grantee COMMENTS Two adjacent lots purchased for future residential use. 36 m' eljca «,. u�wauh *� ' - ' � '�ME�t2th Prve � �'-�NE`12H1"Ave�i' "�t,.,s "•�•�` .' NE 12th AWe� i,: a y gg Y' [ 44 ryy. G ry r t w 1� N`'SNE 111h'Ave, � NF�11 tn'Ave NE 11fh'A 1 , JEW LAND SALE 3 309 NE 11 Avenue & 1106 NE 2 Street Boynton Beach, FL 37 VACANT LAND SALES SALE NO. 4 LEGAL DESCRIPTION Lots 340-341, CHERRY HILLS, Plat Book 4, page 58, Palm Beach County, FL, RECORDED O. R. Book 29557,Page 221,Palm Beach County Records GRANTOR FR Investments Group, LLC GRANTEE PJMC LLC DATE OF SALE December 21,2017 LOCATION 515 NW 11 Avenue Boynton Beach, Florida ZONING "R-2", Single and two-family residential district FUTURE LAND USE "MDR", Medium Density Residential SALE PRICE $32,500 LAND SIZE 5,000 square feet(50' x 100') UNITS OF COMPARISON $6.50 per square foot FOLIO NUMBERS 08-43-45-21-14-000-3400 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMED Juan Franco, grantor COMMENTS This lot and the one adjacent to the west were purchased for a total of$53,000 in August, 2016. 38 - .di i t a . v i dN;97 tit Ave tJ441 t 1tk�Ave t+thPV 11'�t Ave 4n t,f A IF� LAN SALE 4 515 NORTHWEST 11 AVENUE BOYNTON BEACH, FL 39 VACANT LAND SALES SALE NO. 5 LEGAL DESCRIPTION West 1/2 of Lot 7, Block 2, MEEKS AND ANDREWS ADDITION TO BOYNTON, FLA., Plat Book 5, page 84, Palm Beach County, FL RECORDED O. R. Book 29516,Page 1409,Palm Beach County Records GRANTOR Sivongile Russell-Ruskin and Patricia Ann Webster GRANTEE Andcar Properties, LLC DATE OF SALE October 28,2017 LOCATION 213 NE 11 Avenue Boynton Beach, Florida ZONING "R-2", Single and two-family residential district FUTURE LAND USE "MDR", Medium Density Residential SALE PRICE $10,950 LAND SIZE 3,875 square feet(25' x 155') UNITS OF COMPARISON $2.83 per square foot FOLIO NUMBERS 08-43-45-21-22-002-0072 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMED Grantor COMMENTS Sale of�/z of a lot in the same subdivision as the appraised land from one private party to another. 40 VACANT LAND SALES SALE NO. 6 LEGAL DESCRIPTION East 1/2 of Lot 7, Block 2, MEEKS AND ANDREWS ADDITION TO BOYNTON, FLA., Plat Book 5, page 84, Palm Beach County, FL RECORDED O. R. Book 29516,Page 1211,Palm Beach County Records GRANTOR Patricia Ann Webster,Personal Representative GRANTEE Andcar Properties, LLC DATE OF SALE November 17, 2017 LOCATION 213 NE 11 Avenue Boynton Beach, Florida ZONING "R-2", Single and two-family residential district FUTURE LAND USE "MDR", Medium Density Residential SALE PRICE $10,950 LAND SIZE 3,875 square feet(25' x 155') UNITS OF COMPARISON $2.83 per square foot FOLIO NUMBERS 08-43-45-21-22-002-0071 CONDITIONS OF SALE Cash sale. Arm's length transaction. CONFIRMED Grantor COMMENTS Sale of�/z of a lot in the same subdivision as the appraised land from one private party to another. 41 - � t r Gti Ik! G TI ri rL �4P i s t ' 11 i a a t��au as r [j ' s £a !1Jatl� g i /P£rS£ilals£N i I , f Ile t U � � M ": fil�S, 7 ,a,F i *4 N � w �E Cah�g��tiag 1 LAND SALE COMPARISON CHART Land Sale Sale Size Site Price per Sales Date Price Sg.Ft. Zoning Square Foot 1 340 E MLK,Jr. Blvd. 6/15/2017 $50,000 7,750 "R-2" $6.45 Boynton Beach, Florida 2 199 E. MLK Boulevard 06/06/2016 $50,000 7,000 "R-2" $7.14 Boynton Beach, Florida 3 309 NE 11 Ave& 1106 NE 2 St 08/10/2017 $79,000 17,629 "R-2" $4.48 Boynton Beach, Florida 4 515 NW 11 Avenue 12/21/2017 $32,500 5,000 "R 2" $6.50 Boynton Beach, Florida 5 213 NE 11 Avenue 10/28/2017 $10,950 3,875 "R 2" $2.83 Boynton Beach, Florida 6 211 NE 11 Avenue 11/17/17 $10,950 3,875 "R-2" $2.83 Boynton Beach, Florida SUBJECT Value Date Value Unit Value 342 NE 11 Avenue 03/26/2018 9 000 3,000 "R-2" 3.00 Boynton Beach, FL 43 SALES COMPARISON APPROACH LAND VALUATION Of the several methods to develop an opinion of land value, the one considered to be the most reliable is the Sales Comparison Approach. In this method, sales of other similar vacant parcels are compared to the site concerned; then adjusted for differences to arrive at land value. For the opinion to be supportable,there must be an adequate number of sales of similar properties for comparison to the subject. The steps of sales comparison in Land Valuation are: 1) Locate and collect information of recent sales of sites most similar to the land being appraised. 2) Verify the sales information with parties to the transactions, including details of financing and any special considerations or non-typical market features. 3) Select relevant units of comparison and develop a comparative analysis for each unit. 4) Compare and adjust the sales to the subject using the significant, market-derived units of comparison. 5) Reconcile all value indications from the comparisons into a single value opinion by this approach. The appraised vacant land contains 3,000 square feet. Current zoning is "R-2", one and two family- residential district, in the City of Boynton Beach. Recommended future land use is mixed use low intensity. A search was made to find recent sales of sites similar to the subject in the Martin Luther King Boulevard Overlay District,with two transactions included in the data set as Land Sales 1 and 2. The sales search was widened to the central part of Boynton Beach where four other similar land sales were located. Land Sales 5 and 6 are on the same avenue as the subject, but on the north side of the road and not in the MLK Blvd Overlay District. However, they are similar in size to the land concerned by each being one-half of a platted lot. The six land sales in the report are most representative of market value for the land being valued. Details of the transactions are on the sale sheets and chart. The unit of comparison relevant to this valuation is Sale Price per Square Foot of Land. The range of unit prices is $2.83 per square foot for half of a lot through $4.48 to $7.14 per square foot of land for a whole lot. ELEMENTS OF COMPARISON Elements of comparison are the characteristics of transactions and properties that cause variation in prices paid for real estate. The Appraisal of Real Estate continues by stating that there are basic elements of comparison that may be considered in sales comparison analysis for land valuation. The first group is termed transactional elements being: real property rights conveyed, financing terms, conditions of sale and market conditions. This second group of property elements consists of location,physical characteristics and use. Each element is hereafter addressed. 44 LAND VALUATION (Continued) Real Property Rights Conveyed A transaction price is always predicated on the real property interest conveyed. Property interests conveyed can either be fee simple (without tenants) or leased fee (subject to leases). An adjustment for property rights conveyed is based on whether a leased fee interest was sold with leases at market rent, or below or above market rent. In the case of land,there could be a land lease on the site that would create a leased fee interest. The lease amount would require examination to see if the tenant (the leasehold interest) had a value greater than zero. If it is, then the submarket rental rate would give some of the property value to the tenant. The real property right conveyed in the land sales was fee simple interest, the same interest valued for the land in question. No numerical adjustment is warranted for this element of comparison. Financing Terms Financing terms may have a bearing on the price paid for a property. Such terms that may affect price include assuming a mortgage at lower than current interest rates, the seller paying a buydown for the buyer to have a lower interest rate, or the seller providing financing for a transaction at lower than typical institutional rates. In all of these cases, the buyer could have paid higher prices in such transactions to obtain favorable financing. All of the land sales were in cash, which is the most common form of payment for vacant lots in the subject area. No adjustments are made for this element of comparison. Conditions of Sale Condition of sale addresses the motivation of buyers and sellers. Such motivations include a seller accepting a lower than market price for needed cash, a lender selling a previously foreclosed property to comply with regulations imposed on the institution, or a buyer purchasing an adjacent property. Even arm's length transactions may be the result of atypical motivation, such as lack of exposure time to the market,the result of an eminent domain proceeding, or tax consideration. The land sales cited in this report are arm's length transactions. The Boynton Beach Community Redevelopment Agency (BB CRA) purchased No. 1 in a negotiated sale at the market price. Grantors and grantees of the other transactions were private parties. The data show the BB CRA is paying the market rate for land in the subject area. Grantors of Land Sales 5 and 6 are related parties who sold to one grantee for both half lots. Individually, a half lot has very little functional utility. However,together,the half lots could be put to one of the permitted uses in the"R-2" district. (Continued) 45 LAND VALUATION (Continued) The lower unit prices of Land Sales 5 and 6 are reflective of the small universe of potential buyers who would purchase both partial lots. Possible potential buyers for the land in question are probably fewer being adjacent property owner or an entity acquiring any lots in the area for future development. A small amount of competition for a property can have a negative effect on price. Land Sales 5 and 6 are emphasized most for this element of comparison. Market Conditions Comparable sales that occurred under different market conditions than those applicable to the subject on the effective date of the value estimate require adjustment for any differences that affect their value. The most common adjustment for market condition is time; however, the passage of time itself is not the cause of the adjustment. Market conditions which change over time are the reason to make the adjustment, such as appreciation or depreciation due to building inventory, changes in tax laws, investor's criteria, building moratoriums, fluctuation in supply and demand, et cetera. It is also possible that there is no change in market condition over time. Five of the sales occurred in 2017, and one in 2016. All of the land sales occurred during market conditions which are similar to those at the time of valuation. Hence, no adjustment is necessary for this element of comparison. Adjustments for transactional elements of comparison were considered; now, the land sales are likened to the subject and to each other for property elements of comparison. Location The location of a property is a key factor in prompting a buyer to purchase it. Location encompasses many aspects such as road frontage, access, traffic count, proximity to other competing properties, proximity to a market that will use the goods and services housed in a property, governmental influences, etcetera. Typically, properties in a neighborhood share some of the same locational characteristics such as age, condition, and style. However, there may be differences such as corner location, view, and zoning, to name a few. Properties of a similar type may be in different locations, yet the locations may share enough similarities to justify comparison. Factors of similarity between locations include average daily traffic counts, zoning and/or land use, and market composition. Locations of the appraised parcel and the land sales are in central Boynton Beach,where the peak of construction took place in the mid-twentieth century. Redevelopment is occurring because old improvements are razed to make way for new residential and commercial projects, most with the financial support or incentives from governmental and social agencies. Land Sale 1 was purchased by the Boynton Beach Community Redevelopment Agency, the primary buyer of properties in the subject market area. Future plan for the subject market area is to assemble sufficient land to be of a size to be attractive to a private developer to be interested in for a new residential, commercial or mixed use project. (Continued) 46 LAND VALUATION (Continued) Land Sales 1 and 2 border East MLK, Jr. Boulevard, a main neighborhood thoroughfare with an improved streetscape. Land Sales 3 and 4 are situated along neighborhood streets. Nos. 5 and 6 front NE 11 Avenue, to the north of the MLK Overlay District. The lot concerned along with Sales 1 and 2 are in the MLK Overlay District and in a future land use district potentially permitting 20 dwelling units per acre for a mixed use project if they are part of a larger parcel containing at least 0.50 of an acre. For Land Sales 3, 4, 5 and 6, future density by land use would be 11 units per acre, or they could be improved with single family dwellings or two family dwellings. The new mixed use districts do not allow single family use. Thus, there is the potential for future, higher density for Land Sales 1, 2 and the subject, but 0.50 of an acre (21,780 square feet) of land is required for such a mixed use project. There are no sales of larger sized tracts in the subject market area. Even though the subject and all of the land sales are zoned"R-2,"the lot under appraisement, Sale 1 and Sale 2 have the potential of being improved with a higher intensity project. Therefore, more emphasis is placed on the land sale unit prices of Sales 1 and 2 for the element of comparison of location. Physical Characteristics Physical characteristics to be considered for adjustments are those that cause a difference in price to be paid by the market. A wide range of such items includes land size, shape, frontage, topography, view, access, functional utility, et cetera. Adjustments for physical characteristics are best derived from the market by paired sales comparison. Through the process of searching for comparable sales, the physical characteristics are of great import. From the universe of possible comparable sales, those that are most similar to the site appraised are presented in the report for analysis and comparison to the subject. The less the number of physical differences,the better. The appraised lot contains only 3,000 square feet, smaller than Land Sales 5 and 6. The physical characteristic of size is a significant factor affecting the price of the sales and value of the subject. The unit price of the half lots of $2.83 per square foot is around one-half of the unit price of the whole lots ranging from $4.48 to $7.14 per square foot. Rather than making quantitative adjustments to Land Sales 1, 2, 3 and 4, Nos. 5 and 6 will be stressed for this element of comparison. Use For sites to be comparable, they should have similar uses. Highest and best use for the land concerned along with Land Sales 1 and 2 is to be assembled with adjacent lots to have at least 0.50 of an acre for a mixed use project. Land Sales 3, 4, 5 and 6 could also be assembled with adjacent lots for lower density residential projects. The elements of comparison of conditions of sale and physical characteristics are closely related in this appraisal. Substandard parcels have to be assembled with another property to be put to residential use. Otherwise, small strips of land are just open/ green space. Land Sales 5 and 6 are more similar to the subject for this element of comparison. 47 FINAL VALUE OPINION Following is a summary of the square foot unit sale prices for the six land sales: Land Sale Sale Price per Square Foot 1 $6.45 2 $7.14 3 $4.48 4 $6.50 5 $2.83 6 $2.83 The more significant elements of comparison of physical characteristics and use place the unit value of the appraised land close to the unit sale prices of Land Sales 5 and 6 at$3.00 per square foot. The quantity of the comparable data is sufficient to have an overview of the market for lots in the mid-section of the city of Boynton Beach. The quality of the data is good in that it provides a sound basis to develop an opinion of value for the land under appraisement. Based on the analysis and conclusions presented within the report, it is our opinion that the Market Value of the Fee Simple Estate of the Subject Property as of March 26,2018 is: $3.00/sq.ft. x 3,000 square feet= 9 000 NINE THOUSAND DOLLARS 48 CERTIFICATION I certify that, to the best of my knowledge and belief,the statements contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal,unbiased professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report, and I have no bias or personal interest with the parties involved. The appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan. My compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this report. I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. The analyses, opinions and conclusions were also developed and the report prepared in conformity with the Uniform Standards of Professional Appraisal Practice, which is included in the Appraisal Institute's Standards, and Chapter 475,Part 11 F.S. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. The use of this report is (also) subject to the requirements of the State of Florida relating to review by the Florida Real Estate Appraisal Board. I have visited the property that is the subject of this report on March 16, 2018. Jesse B. Vance, Jr. and Claudia Vance are responsible for the analyses, conclusions and opinions concerning real estate set forth in this report. No one else has provided significant professional service to the persons signing this report. The Appraisal Institute and the American Society of Appraisers each conduct programs of continuing education for their designated members. As of the date of this report, Jesse B. Vance, Jr. and Claudia Vance have completed the requirements of the continuing education program of the Appraisal Institute. Continuing educational requirements are also completed for the American Society of Appraisers and the State of Florida. March 26,2018 Jesse B. Vance, Jr., MAI, SRA, ASA Florida State-CertifiedGeneralReal Estate Appraiser No. RZ-85 March 26,2018 Claudia Vance,MAI Florida State-Certified General Real Estate Appraiser No.RZ-173 49 CERTIFICATION AND LIMITING CONDITIONS The statements and conclusions contained in this report,subject to the limiting conditions hereafter cited,are correct to the best of the writers'knowledge. I. The undersigned have personally inspected the subject of this report. No pertinent information has been knowingly withheld. 2. Unless specifically included,the subject is analyzed as though free and clear of liens and encumbrances. 3. No responsibility is assumed for legal matters,nor is an opinion of title rendered. Title is assumed to be good and held in Fee Simple,unless excepted. 4. Legal descriptions and property dimensions have been f m-iished by others; no responsibility for their correctness is assumed. Sketches which may be in the report are for illustrative purposes only. 5. Possession of any copy of this report does not cant'with it the right of publication,duplication,or advertising using the writers'names or professional designations or membership organizations. 6. The writers are not required to testify without prior agreement. 7. Neither the employment to make this appraisal nor compensation therefore is contingent on the value reported. 8. Where divisions are made between land,improvements, etc.,the values estimated for each apply only under the cited use or uses. 9. The value applies ONLY as of the date of valuation stated within the report. 10. The writers certify that they have no present,past or contemplated interest in the subject of this report-unless specifically stated. 11. This report is the property of the indicated client. It may not be used by any other party for any purpose not consistent with the written function of this report without the express written consent of the writers AND client. 12. The reported analyses,opinions and conclusions were developed,and this report has been prepared,in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Practice and Conduct of the Appraisal Institute. The work also conforms to the Uniform Standards of Professional Appraisal Practice. 13. Soil or sub-soil contamination may exist from current or prior users, or users outside the property concerned. The appraisers are not qualified to detect such substances. We urge the client to retain an expert in this field if desired. 14. The appraisers have not been provided a Habitat Survey, Endangered Species Survey, or analysis by a qualified environmental specialist indicating the presence of or proximity to environmentally sensitive and/or protected land or species which could affect the use, and possibly, value of the appraised property. The appraisers are not qualified to identify these factors. We recommend that an expert be hired where there may be reasonable cause to expect the presence of any of the cited elements. 15. Jesse B.Vance,Jr. and Claudia Vance are responsible for the analyses,conclusions,and opinions of real estate set forth in this report. No one else provided significant professional assistance to the signers of this report. 16. Prospective value is based on current conditions and trends. The appraisers cannot be held responsible for unforeseeable events which might alter market conditions upon which market value opinion has been developed. 17. The appraisers certify that they have the knowledge and experience required to perform this appraisal assignment. 18. The appraisers reserve the right to amend or change this report at any time additional market information is obtained which would significantly affect the value. Jesse B.Vance,Jr.,MAI,SRA,ASA State-Certified General Real Estate Appraiser No.RZ 85 March 26,2018 � GGl'oallolwm— Claudia Vance,MAI State-Certified General Real Estate Appraiser No.RZ 173 March 26,2018 50 ADDENDA Recorded in Palm Beach County 12/13/2012 12:31:23 PM Sharon R. Bock 0.R. BKPG 25652/1238 20120496990 AMT 6,837.53 Doc Stamp 48.30 TAX DEED Sharo Clerk& ller STATE O RIDA 0 COUNTY O BEACH The following T Certificate Numbered 19665 issued on Jun 01,2009 was filed in the Office of the Tax Collector of this County and applicatio e for the issuance of a tax deed the appllcanli having pard or redeemed all other taxes or tax sale certificates on the land d as required by law to be paid or redeemled, and the costs and expenses of this sale,and due notice of sale having been publi d as required by law,and no person entitled o do so having appeared to redeem said land;such land was on the 12th day of De ce 2012 offered for sale as required by law for cash to the highest bidder and was sold to: LARRY FINKELSTEIN LARAV ADDRESS: BOYNTON BEACH,FL 33424-4216 being the highest bidder and having�0um of his bid as required by the Laws of Florida. NOW,on this 13th day of Decembe� the County of Palm Be�ch, State of Florida, in consideration of the sum of ($6,837.53)SIX THOUSAND EIGHT ED THIRTY SEVEN A D 53/ 100-----Dollars,being the amount paid pursuant to the Laws of Florida does hereby sell the fo lands situated in the County and State aforesaid and described as foll MEEKS&ANDREWS ADD UNMBRD LT E 0 q OE SkCG�� SHARON R. BOCK �+ CLERK&COMPTROLLER 7 O PALM BEA C NTY CiF�4�...af,�o� PROPERTY ID NUMBER 08-43-45-21-22-004-011 ��!// y coves' WITNESS: BY: BECCA AEDO I S TANYA L. BECKWITH STATE OF FLORIDA COUNTY OF PALM BEACH On this 13th day of December,2012 before me DEBORAH A KIMBRELI personally appeared REBECCA AEDO a Deputy Clerk for Clerk&Comptroller in and for the State and this County known to me to be the person described in and who executed the foregoing instrument,and acknowledged the execution of this instrument to be her own free act and deed for the use and purpose therein mentioned, who is personally known to me and who did not take an oath. Witness my hand and official seal date aforesaid. NOTARY PUBLIC-STATE OF FLORIDA " Deborah A. Kimbrell j-Commission#.2955224 �•;*?. NOTAR, PUBLIC STATE OF FLORIDA ��Expires: JAIV.25,2014 BONDED THR❑ATL-VS-TIC BONDLNG CO.,INC. 52 E. R-2 Single and Two-family Residential District. 1. General. The purpose of the R-2 zoning district is to implement the medium density residential (MeDR) future land use map (FLUM)classification of the Comprehensive Plan. The intent of this conventional district is to stabilize and protect existing residential neighborhoods with densities no greater than ten(10)dwelling units per acre, and allowing limited types of non- residential uses. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3,Article IV, Section 3.D. 3. Building and Site Regulations (Table 3-9). Existing and/or planned single-family homes shall conform to the R-1 district requirements; however, for duplex homes, the following lot and building requirements shall be observed: BUILDING/SITE REGULATIONS R-2 District Minimum lot area(per unit): 4,500 s.f.1 Minimum lot frontage: 75 feet Minimum yard setbacks: Front: 25 feet2 Rear: 25 feet3 Interior side: 10 feet2 Corner side: 25 feet 2,3 Minimum living area: 750 s.f. Maximum lot coverage: 40% Maximum Floor Ratio Area (FAR) 0.104 Maximum structure height: 25 feet 1 Single-family dwellings shall be constructed on lots that are no less than six thousand(6,000)square feet. 2 Pursuant to Section 8.B.below,parcels that have frontage on Martin Luther King Jr.Boulevard and are located within the Martin Luther King Boulevard Overlay Zone shall have front,side interior,and side corner setbacks in accordance with the mixed use-low intensity 1 zoning district(see Section 6.11.below). 3 On corner lots,the side setback adjacent to the street shall be not less than one-half(1/2)the front yard setback. However,where orientation of adjacent lots on both street frontages provide typical front yard setbacks,the comer lot shall provide for front yard setbacks along both streets. when two(2)front yard setbacks are provided for on a corner lot,no rear yard setback shall be required,only side yard setbacks shall be imposed. 4 A floor area ratio(FAR)up to 0.10 maybe considered for non-residential uses allowed within the R-2 district (see "Use Matrix"—Chapter 3,Article IV, Section 3),pursuant to the medium density residential land use category of the Comprehensive Plan. 5 Not to exceed two(2)stories. 53 D. R-1 Single-family Residential District. 1. General. The purpose of the R-1 zoning district is to implement the moderate density residential (MoDR) future land use map (FLUM) classification of the Comprehensive Plan. The intent of this conventional district is to encourage single-family dwellings and structures at densities no greater than seven and one-half(7.5) dwelling units per acre, and allowing limited types of non-residential uses. 2. Use(s) Allowed. See "Use Matrix Table 3-28" in Chapter 3, Article IV, Section 3.1). 3. Building and Site Regulations (Table 3-8). The following lot and setback requirements shall be observed: BUILDING/SITE REGULATIONS R-1 District Minimum lot area: a 6,000 s.f. Minimum lot frontage: 60 feet Front: 25 feet Rear: 20 feet Special rear yard setback reduction for single-story building additions:I Abutting: I-95 or railroad tracks: 50% Abutting: Intracoastal: 50% Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of community that abut other than residential: Abutting: Commercial or Industrial 50% Abutting: Public or private park: 50% Interior side: 7.5 feet Comer side: 25 feet2 Minimum living area: 1,200 s.f. Maximum lot coverage: 50% Maximum structure height: 30 feet 54 ' 3 J O a x ++ d d d d z z z z to w w z z E U •• a Q YC to YC YC o O to O N [— to O y O c� O c v �1. O o O Q. M y 00 O m � U VI O o LO kn I LL O O cc 0 `n U •� O OO o ffQ .. ori, "' o O N o d �m r-: z to z x cd W ch U oO o 0 O d to O t d Q rx Q z �o 1:T z z U Qo o ttn z oo r- 1:T z O O o O O DD t Q �� i z 01 01 -- z I O O a0 r. aj Cd Q Qz "O c. Q. $.. c� O fy (� U U Cd p �' Q s .. bD O O Q C/1 tom~" O s. _ _._ U 3 .3u � GTr140. z z z z z z z z 00 w w w w z z z z z • � � d d d d d d d d w w w w z z z z z 00 z z z z z z z z N N N N O z z z z z z z z U O / O O O O O M O O M N r- N N Fri N kn to kn kn M kn kn 44 O O N kn O by o 0 0 0 0 0 0 0 N N O O O O O <M O O N N v A4 0 0 0 0 0 0 0 0 M N -•� N N �n �n �n �n �n M �n �n Cd �. .-. OCd O V N 4 Cdto to L" o O .. C7 U U U w r� r� U rx U ---� EJ Sec. 11. Nonconforming Regulations. A. Lots and Parcels. 1. R-1 District, R-IA District, R-2 District, and R-3 District. A detached single-family dwelling may be constructed on any parcel located in an R-1, R-1 A, R-2, or R-3 district, provided that it meets all of the following requirements: a. The parcel contains at least one (1)whole platted lot,platted prior to August 7, 2001; b. The parcel, or assemblage of platted parcels which individually meet the requirements of paragraph a. above, has a frontage of not less than fifty (50) feet, and a lot area of not less than five thousand(5,000) square feet(irregular, other than rectangle-shaped lots with less than five thousand(5,000) square feet of area may be developed if in conformance with all other lot regulations); c. All such parcels, when developed, shall comply with all provisions of the Land Development Regulations and applicable building code regulations, including without limitation sections of the building code regulations regarding the impact of construction and drainage on or to adjacent properties. -- N 2. R-2 District. Within R-2 districts, in subdivisions platted prior to the effective date of these Regulations, where the platted lots have a frontage of at least forty (40) feet but less than fifty (50)feet,the following rules shall apply: a. A detached single-family dwelling may be constructed on any such parcel,provided that the parcel contains at least one (1)whole platted lot. b. A duplex dwelling may be constructed on any parcel,provided that it meets the following requirements: (1) The parcel contains at least two (2)whole platted lots; (2) Property cannot be acquired from adjacent parcels so as to make the subject parcel conforming, without causing the adjacent parcels to become nonconforming or more nonconforming. c. For any parcel, lot, or combination of lots, where the total frontage is equal or greater than one hundred twenty (120)feet, and the total area is greater than twelve thousand(12,000) square feet, said property shall not be developed except in accordance with the minimum frontage and lot area required in the R-2 zoning district. d. Ownership of parcels shall be determined by the property tax rolls on file in the Palm Beach County Property Appraiser's Office as of the effective date of these Regulations. 3. R-I AA District. A detached single-family dwelling may be constructed on any parcel located in an R-1 AA district,without requiring a variance,provided that it meets the following requirements: a. The parcel contains at least one (1)whole platted lot. b. The parcel has a frontage of not less than sixty (60) feet,and a lot area of not less than six thousand, seven hundred fifty (6,750) square feet in area. c. It would not be possible to acquire property from adjacent parcels so as to make the subject parcel conforming,without causing the adjacent parcels or structures thereon to become nonconforming or more nonconforming. For any parcel or lot, or combination of lots under the same ownership, where the total frontage and the total area is equal to or greater than that which is required by the R-IAA district building and site regulations, said property shall not be developed except in accordance with the minimum frontage and lot area required in the particular zoning district. Not more than one (1)parcel or lot, or combination of lots under the same ownership,that is nonconforming but which meets the requirements under b. above may be developed for a single- family house. 57 ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 1 of 3 Sec. 2. Standards. A. General. 1. Rules and Methodology. a. Parking space requirements shall be computed on the basis of the principal use of a structure or lot, and using gross floor area unless stated otherwise in this article. Gross floor area, for the purposes of this subsection, shall include the floor area occupied by the principal use,plus the floor area occupied by all other enclosed spaces, including but not limited to storage rooms,maintenance and mechanical rooms, offices, lounges, restrooms, lobbies, basements, mezzanines, and hallways. b. Where several principal uses exist in one (1) structure or on one (1) lot,parking space requirements shall be computed separately for each principal use,unless stated otherwise in this article. Where parking spaces are required in this article for each of several principal uses that commonly occur together,this is done for the purpose of clarification only, and shall not limit the application of the requirement contained in this paragraph. c. A use shall be considered a principal use, for the purposes of this subsection, if it could exist separately from all other uses in the same structure or on the same lot, and would by itself generate significant parking demand. d. Where several principal uses exist in one (1)building or part of a building, and the floor area of each principal use cannot be clearly delineated,the parking space requirement for the use requiring the greatest number of parking spaces shall apply. e. Where a use is not listed below, parking space requirements shall be determined by the City Commission after review and recommendation by the Director of Planning and Zoning or designee. f. Where the number of required parking spaces as computed includes a fraction,the number of required parking spaces shall be the computed number rounded to the next highest whole number. g. Except as provided in Section 3.E. below,there shall be provided, at the time of the erection of any structure or establishment of any use, a number of off-street parking spaces in accordance with the following minimum requirements,and subject to the parking requirements of this subsection. Where a structure or use is enlarged or increased in capacity by any means, including a change in building occupancy which requires the provision of additional parking spaces, or a change in use to or which requires additional parking spaces,the minimum number of parking spaces shall be computed by applying these requirements to the entire structure or use. 2. Minimum Number of Required Off-Street Spaces for Non-Residential Uses. No fewer than four(4)parking spaces shall be provided for any non-residential use. 3. Location of Off-Street Parking Areas. a. Residential. Required parking spaces for all dwellings shall be located on the same lot as the dwelling to be served. b. Non-residential. Required parking spaces for all non-residential uses shall be owned by the owner of the building or lot to be served,and shall be located on the same lot, or not more than three hundred(300) feet distance,unless the property is located within those areas defined within the adaptive re-use section of the Code (Chapter 4, Article 5, Section 4). In those areas, required parking spaces may be leased within three hundred(300) feet of the use in which they serve, subject to Board and City Commission approval,and the property shall be posted with signage indicating to patrons the location of the leased parking. B. Table 4-17. Residential and Lodging Uses. Residential and Lodging Uses Standard Number of Required Parking Spaces 58 h4://www.amlegal.com/nxt/gateway.dll/Florida/boynton/partiiilanddevelopmentregulation... ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 2 of 3 Building area size is based upon gross floor area(in square feet)unless specifically expressed otherwise. Single-family,duplex dwelling,or mobile home: 21 Efficiency or one (1)-bedroom apartment: 1.5 1,2 Within mixed use high district: 1.332 Two (2) or more bedroom apartment: 21,2 Within mixed use high district: 1.661'2 Dormitories: 1 per unit Hotel&motel units containing one (1)-bedroom: 1.25 per unit Within mixed use high district: 1 per unit Hotel& motel suite containing two (2) or more 2 per unit bedrooms: Within mixed use high district: 1 per unit Group home(types 1 through 4): 1 per 3 beds Bed&breakfast: 13 Live/work unit: 1 per 2 units4 1 Residential driveways shall satisfy the parking space requirements for single-family detached dwelling units, duplexes, and multi-family dwelling units containing garages,provided such driveways are of sufficient size to meet the parking space requirements of this subsection. A residential driveway of sufficient size shall be provided prior to the issuance of a certificate of occupancy. For all required parking spaces not located within an enclosed garage, the first parking space shall be the minimum size required for a handicap space, exclusive of public or private rights-of-way, and all other required spaces must be dimensioned in accordance with current city standards. All driveways shall be setback at least two (2) feet from interior side and corner side property lines, and maintained and drained so as to prevent nuisance conditions or a danger to the public and/or adjacent property owners. Any expansion to an existing driveway shall require a zoning permit from the Planning and Zoning Division in accordance with the procedures specified in Chapter 2,Article II, Section S.B.; however, any driveway expansion(or similar impervious surface)that is equal to or greater than eight hundred(800) square feet shall require the approval of a land development permit in accordance with Chapter 2, Article III, Section 3. Any work, such as a driveway,proposed within the swale (right-of-way) shall require a permit from the Engineering Division in accordance with the procedures specified in Chapter 2, Article III, Section 4. 2 Guest parking shall be provided at a rate of 0.15 spaces per unit for residential developments consisting of three (3)or more dwelling units. 3 Required parking shall be calculated on the basis of one (1) space per each employee, manager, or owner and one (1)parking space for each guest unit. Newly created parking may be located only in the rear and side yard. 59 http://www.amlegal.com/nxt/gateway.dll/Florida/boynton/partiiilanddevelopmentregulation... ARTICLE V. MINIMUM OFF-STREET PARKING REQUIREMENTS Page 3 of 3 4 In addition to the required parking for the residential unit,the city requires that one (1) parking space per two (2) live/work units be provided to meet business activity needs. Parking provided to meet this requirement shall be located on the lot,built into or under the structure, or within three hundred (300) feet of the unit in which the use is located. The distance shall be a straight line measurement from a point on the boundary line of the property of the subject unit to the closest boundary line of the property on which the parking is located. Parking provided to accommodate said space, including driveways of adequate depth in front of the unit's garage, shall not serve as meeting required parking for the unit's residential use. 60 http://www.amlegal.com/nxt/gateway.dll/Florida/boynton/partiiilanddevelopmentregulation... 1/8/2015 E. Mixed Use Urban Building and Site Regulations (Table 3-4). MIXED USE,U U-LIMU-L2 I MU-L3 U-4 U- Lot Area,Minimum(acres): Public park N/A N/A N/A N/A N/A All other uses 0.50 0.75 1 1 1 Lot Frontage,Minimum(ft.)' 100 100 150' 200 200 Structure Ht.,Minimum(ft.) 30 30 30 45 45 Maximum eight(ft.)5 45 65 75 100 150/125' Maximum Density(DUs/Acre)14,16 20 30 40 60 80 Maximum F.A. '5 1.0 2.0 3.0 4.0 4.0 Build-to-line(ft.)" All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement10 Abutting a Local street 010 010 010 010 010 Interior side 010 010 010 010 010 Building Setback,Minimum(ft.)" Rear abutting: Residential single-family 25'/0"' 25' 25' 25' 25' Intracoastal waterway 25' 25' 25 25' 25' Side abutting Residential single-family 25-/0"' 25' 25' 25' 25' Usable Open Space,Minimum(sq.ft.)" N/A N/A N/A 1% 2% 1. May be reduced if frontage extends from right-of-way to right-of-way. 2. Minimum of fifty(50)feet,if frontage is on a collector/local collector roadway. 5. Maximum height on any street frontage is forty-five(45)feet, Maximum height on Intracoastal Waterway is thirty-lige(35)feet. Heights may require reduction where adjacent to a single-family zoning district where Tiecessary to achieve the compatibility requirements of these regulations. 6 161 6, Maximum height reduced to one hundred twenty-five(125)feet for the entire project where property abuts any MU-L or residential zoning district not separated by a right-of-way. 7. Plus one(1)additional foot for each foot of height over thirty-five(35)feet. 8. Where,there is an inteverting fight-of-way of at least forty(40) feet 9, Subject to permitting agency approval. 10. Buildings and structures shall be located no farther than zero(0)feet from the property line, except in conjunction with providing required visibility at intersections,driveways- open spaces and public plazas;or when additional setback is necessary to provide for required"Pedestrian Zone(PZ). Building placement is a factor of roadway type and CRA district,which determines the min. width and design of the PZ. Except for the Downtown District,where the minimum PZ width is 18% the minimum PZ in all other districts if 16 ft. See Section 5.C.2. below for additional relief provisions from build-to line requirements. 11. Listed eligible historic structures are not required to meet these standards. 13. Usable open space shall be required for all developments two(2)acres in size or larger which shall be devoted to plazas or other public open space, excluding private recreation. See Chapter 4, Article 111, Section 8 for additional regulations. 14. Projects within the transit core shall have minimum densities as follows: MU-I -eleven(11),MU-2-twenty (20),MU-3 -thirty(30),MU-4-thirty-five(35) and MU-H-forty(40)dwellings per acre(except that minimum density for the MU-H district applies to projects located within the entire station area). 15. Projects within the transit core shall have a minimum FAR as follows: MU-L3 -one and three-quarters(1 75), MU-4(2.0)and MU-H-two(2.0)(except that minimum FAR for the MU-H district applies to projects to be located Within the entire station area). 16. The maximum density for projects within the Downtown Transit-Oriented Development District Overlay Zone (the Station Area)may be increased up to twenty-five percent(25%)over the maximum density allowed in the urderlying zoning district. (Ord. 10-025, passed 12-7-10; Am. Ord. 12-016, passed 10-2-12, Am. Ord. 14-009, passed 7-1- 14; Am. Ord. 15-006, passed 3-2-15; Am. Ord. 16-023, passed 1-3-17) 62 62 Sec. 2. Standards. N Sec. 3. Special Reductions in Required Off-Street Parking. The following provisions to reduce the number of required off-street parking spaces shall be utilized individually and not in conjunction with each other or with any other provisions to reduce parking within this article. NOTE: Calculation of needed handicap accessible off-street parking spaces shall be pursuant to the base parking requirements and not based on the reduced parking requirements described by this section for which a project may be eligible(also see Section 5 below regarding Handicap Accessible Off-Street Parking). A. Minimum Parking (Five Percent(S%) Reduction). For all non-residential uses, the total number of required off-street parking spaces may be reduced by up to five percent(5%) of the standard number of required parking spaces for the use(s)to which they are assigned. 1. Applicability. This provision to reduce the standard number of required parking spaces shall only apply when the following conditions are met: a. The reduction in the number of parking spaces shall not cause the development to be noncompliant with Section 2.A. above; b. Shall only apply to non-residential uses; and c. Shall not be applied in conjunction with other provisions to reduce the number of required off-street spaces pursuant to this article. 2. Criteria. The following criteria shall be used in the evaluation of a request to reduce the standard number of required parking by five percent(5%): a. Landscaped areas within off-street parking areas shall be maximized and enhanced, and existing plant material, particularly mature shade trees should be preserved to the maximum extent possible, to help reduce ground-level absorption of solar radiation; b. Impervious surfaces shall be minimized; and c. Pedestrian connections shall be enhanced. 3. Methodology. Where the reduction in the number of required parking spaces as computed includes a fraction, the reduced number of parking spaces shall be the computed number rounded down to the lowest whole number. B. Joint Access/Parking. In all districts, when two(2) or more abutting properties combine their on-site parking with common access drives and interconnectivity for both vehicular and pedestrian use, the total number of required parking spaces may be reduced by ten percent(10%). A review for this type of parking reduction shall be conducted by staff upon the submittal of a cross-parking agreement between property owners in conjunction with a request for a new site plan or site plan modification in accordance with Chanter 2,Article II, Section 2.F. C. Shared Parking. Mixed use developments may utilize the following required parking methodologies based upon shared parking with different hours of use. The total requirement for off- street parking spaces shall be the highest of the requirement of the various uses computed for the following five(5) separate time periods: weekdays (daytime, evening), weekends (daytime, evening) and nighttime. For the purpose of calculating the requirement of the various uses for the various separate time periods,the percent of parking required shall be calculated and certified by a licensed traffic engineer using "Shared Parking, Second Edition",U.L.I., 2005,or other acceptable methodology. so ANCE Quantitative evidence may also include, where appropriate, field studies and traffic counts prepared by a traffic consultant experienced in the preparation of parking studies. In addition, a minimum buffer of ten percent(10%) shall be provided to ensure that a sufficient number of parking spaces are available at the peak hour/peak season of parking demand. Calculation of said buffer shall be based on the total number of parking spaces determined to be required at the peak hour/peak season of parking demand. Evidence for joint allocation of required parking spaces shall be reviewed for accuracy and appropriateness. D. Martin Luther King Boulevard Overlay Zone. Parking space requirements shall be calculated in accordance with Section 2 above and shall be reduced by fifty percent(50%). E. Payment in Lieu of Parking. The payment in lieu of parking option is applicable within the central business district(hereinafter CBD) and those areas described under Section 4, "Exceptions to Providing Required Off-Street Parking," A. "Adaptive Re-Use," below. 1. Applicability. Within these areas at the time of any new building construction, off-street parking spaces shall be provided as required by this article and Chapter 3,Article III, Section 3.E. 2. Fee(Method of Assessment). Up to ten percent(10%) of the required parking for new construction and twenty-five percent(25%) of the parking required under the adaptive re-use provisions below in Section 4, as set forth in this subsection,may be satisfied in whole or part by the payment of a non-refundable parking improvement fee in lieu of the provisions of the required off- street parking spaces. Parking improvement fees shall be assessed as follows: The engineer for the applicant shall submit a signed and sealed cost estimate for the construction of structured parking spaces. The estimate shall be broken down by individual spaces,including design, land, and construction cost. If necessary, an outside professional may be retained by the city to review the applicant's cost estimate. The applicant shall pay the retainer fees associated with the review of the cost estimate by the city's consultant. Once reviewed and accepted by the City Engineer or designee, the parking improvement fee in the amount of one hundred ten percent(110%)of the estimate shall be paid to the city in full, prior to the issuance of the first building permit for the project. Parking improvement fees shall be paid into the City of Boynton Beach Parking Trust Fund, and are subject to use by the city for parking related improvements in the geographic areas to which this subsection applies. 3. Additional Requirements. Whenever a payment in lieu of parking is authorized and accepted, the following additional requirements shall apply: a. Any off-street parking arrangement satisfied in this manner shall run with the land, and any subsequent change of use which requires more parking shall require recalculation of the payment in lieu of parking fee. b. No refund of payment shall be made when there is a change to a use requiring less parking. 4. Parking Trust Fund. In addition to land acquisition and the construction of parking spaces, the funds collected may be used to inform the public about parking resources or transit programs, as well as to promote alternative programs intended to alleviate parking congestion, such as the use of a trolley or shuttle system or the construction of bicycle lane facilities. NOTE: With the 50%special reduction in parking for the subject in the Martin Luther King, Jr. Overlay District, the subject, with 100'frontage, meets the requirement for 10 parking spaces 64 SUMMARY OF 2018—2019 USPAP(Uniform Standards of Professional Appraisal Practice) Standard Rule 2: Real Property Appraisal, Reporting In reporting the results of a real property appraisal, an appraiser must communicate each analysis, opinion, and conclusion in a manner that is not misleading. STANDARD 2 addresses the content and level of information required in a report that communicates the results of the real property appraisal. STANDARD 2 does not dictate the form,format, or style of real property appraisal reports. The form, format, and style of the report are functions of the needs of intended users and appraisers. The substantive content of a report determines its compliance. STANDARDS RULE 2-1 Each written or oral real property appraisal report must: (a) clearly and accurately set forth the appraisal in the manner that will not be misleading; (b) contain sufficient information to enable the intended users of the appraisal to understand the report properly; and (c) clearly and accurately disclose all assumptions, extraordinary assumptions, hypothetical conditions, and limiting conditions used in the assignment. STANDARDS R ULE 2-2(a) Each written rental property appraisal report must be prepared under one of the following options and prominently state which option is used:Appraisal Report or Restricted Appraisal Report. The content of an Appraisal Report must be consistent with the Intended Use of the appraisal and, at a minimum: (i) state the identity of the client, unless the client has specifically requested otherwise; state the identity of any intended users by name or type; (ii) state the intended use of the appraisal; (iii) summarize information sufficient to idents the real estate involved in the appraisal, including the physical, legal, and economic property characteristics relevant to the assignment; (iv) state the real property interest appraised; (v) state the type and definition of value and cite the source of the definition; (vi) state the effective date of the appraisal and the date of the report; (vii) summarize the scope of work used to develop the appraisal; (viii) summarize the information analyzed, the appraisal methods and techniques employed, and the reasoning that supports the analyses, opinions, and conclusions; exclusion of the sales comparison approach, cost approach or income approach must be explained; (ix) state the use of the real estate existing as of the date of value in the use of the real estate reflected in the appraisal; (x) when an opinion of highest and best use was developed by the appraiser, summarize the support and rationale for that opinion; (xi) clearly and conspicuously: state all extraordinary assumptions and hypothetical conditions: and state that their use might have affected the assignment results; and (xii) include a signed certification in accordance with Standards Rule 2-3. 65 475.611 Florida Statutes: Definitions.-- (1) As used in this part, the term: (a) "Appraisal" or"appraisal services" means the services provided by certified or licensed appraisers or registered trainee appraisers, and includes: 1. "Appraisal assignment" denotes an engagement for which a person is employed or retained to act, or could be perceived by third parties or the public as acting, as an agent or a disinterested third party in rendering an unbiased analysis, opinion, review, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real property. 2. "Analysis assignment" denotes appraisal services that relate to the employer's or client's individual needs or investment objectives and includes specialized marketing, financing, and feasibility studies as well as analyses, opinions, and conclusions given in connection with activities such as real estate brokerage, mortgage banking, real estate counseling, or real estate consulting. 3. "Appraisal review assignment" denotes an engagement for which an appraiser is employed or retained to develop and communicate an opinion about the quality of another appraiser's appraisal, appraisal report, or work. An appraisal review may or may not contain the reviewing appraiser's opinion of value. (b) "Appraisal Foundation" or"foundation" means the Appraisal Foundation established on November 20, 1987, as a not-for-profit corporation under the laws of Illinois. (c) "Appraisal report" means any communication, written or oral, of an appraisal, appraisal review, appraisal consulting service, analysis, opinion, or conclusion relating to the nature, quality, value, or utility of a specified interest in, or aspect of, identified real property, and includes any report communicating an appraisal analysis, opinion, or conclusion of value, regardless of title. However, in order to be recognized in a federally related transaction, an appraisal report must be written. (d) "Appraisal review" means the act or process of developing and communicating an opinion about the quality of another appraiser's appraisal, appraisal report, or work. (e) "Appraisal subcommittee" means the designees of the heads of the federal financial institutions regulatory agencies established by the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. ss. 3301 et seq.), as amended. (f) "Appraiser" means any person who is a registered trainee real estate appraiser, licensed real estate appraiser, or a certified real estate appraiser. An appraiser renders a professional service and is a professional within the meaning of s. 95.11(4)(a). (g) "Board" means the Florida Real Estate Appraisal Board established under this section. (h) "Certified general appraiser" means a person who is certified by the department as qualified to issue appraisal reports for any type of real property. (i) "Certified residential appraiser" means a person who is certified by the department as qualified to issue appraisal reports for residential real property of one to four residential units, without regard to transaction value or complexity, or real property as may be authorized by federal regulation. Q) "Department" means the Department of Business and Professional Regulation. 66 Page 1 of 5 Vance Real Estate Service ANWONNNOMMIL 9 Jesse B. Vance, Jr., MAI, SRA, ASA, MBA Appraiser - Real Estate Analyst - Reviewer - Expert Witness Vance Real Estate Service - 7481 NW 4 Street - Plantation - Florida - 33317 Office: 954.583.2116; Cell: 954.610.2423; Email: vanceval(a,comcast.net Web Page: www.vancerealestateservice.com Vance Real Estate Service is a Veteran-Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 35 years. Currently registered in"SAM" (U.S. Government System for Award Management—DUNS 826494957).Designated appraisers perform the appraisal work,no trainees. Jesse B. Vance, Jr., MAI, SRA, ASA, MBA and Claudia Vance, MAI are qualified as expert witnesses for eminent domain, bankruptcies, deficiency judgments, marriage dissolution, and estate valuations. Our firm values most types of real property interests for sale, mortgage loans, litigation and investment reasonably, timely and professionally. As licensed real estate brokers,we perform most other real property functions.We also do"Valuations for Financial Reporting." PROFESSIONAL QUALIFICATIONS A)PROFESSIONAL DESIGNATIONS/DEGREES/LICENSES&CERTIFICATIONS MAI DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 SRA DESIGNATION - APPRAISAL INSTITUTE/Life Member No. 8781 ASA DESIGNATION - AMERICAN SOCIETY OF APPRAISERS(RE-Urban)4003439 MBA DEGREE - REAL ESTATE MANAGEMENT AND DEVELOPMENT STATE-CERTIFIED GENERAL REAL ESTATE APPRAISER 4RZ-85(Florida) FLORIDA STATE LICENSED REAL ESTATE BROKER NO.BK.91050 REGISTERED VETERAN-OWNED SMALL BUSINESS(CCR/Duns 826494957) FLORIDA CERTIFIED SDVBE BUSINESS ENTERPRISE(Minority Business Enterprise-MBE) FLORIDA"D.E.P."APPROVED APPRAISER Currently registered in"SAM"(U.S.Government System for Award Management). B)QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION 1.U.S.Court of Appeals,Eleventh Circuit 2.U.S.District Court,Southern District of South Florida 3.U.S.District Court,New Jersey 4.U.S.Bankruptcy Court,Southern District of Florida 5.U.S.Bankruptcy Court,District of New Jersey 6.U.S.Bankruptcy Court,Western(Pittsburgh)Division of Pennsylvania 7.Florida Circuit Courts:Broward,Dade,Palm Beach,Lee,Collier,Martin,and Okeechobee Counties 8.Appraiser on landmark eminent domain cases:TESSLER,NESS TRAILER PARK,PATEL,SIMPSON v. FILLICHIO,RUBANO,PALM BEACH COUNTY(FL)vs.COVE CLUB INVESTORS,LTD. C)EXPERIENCE Over thirty-five(35)years appraising and analyzing real property interests in South Florida Partial list: RESIDENCES, RESTAURANTS/BARS, APARTMENT BUILDINGS, OFFICE BUILDINGS HOTELS/MOTELS, CHURCHES, CONDOMINIUMS/COOPS, HOSPITALS &NURSING HOMES, VACANT LAND, GOLF COURSES, GOLF CLUBS, GASOLINE SERVICE STATIONS, MARINAS, TRAILER PARKS, SHOPPING CENTERS, BANKS/THRIFT INSTITUTIONS, BOWLING ALLEYS, P.U.D.'S, INDUSTRIAL BUILDINGS, TIME-SHARE DEVELOPMENTS, ROCK PITS, SCHOOLS, AGRICULTURAL PROPERTIES, WATER MANAGEMENT DISTRICT, MARKETABILITY, FEASIBILITY ANALYSES, INVESTMENT ANALYSES, AUTO SALES FACILITIES, LEASE VALUATIONS, TAX & ASSESSMENT APPEALS, CONDEMNATION, EXPERT WITNESS (Member National Forensic Center), BUSINESS ENTERPRISE VALUATIONS (BEV), (VFR) VALUATION FOR FINANCIAL REPORTING, AVIGATION & CLEARANCE EASEMENTS, ESTATES, DIVORCES, PLANNING/LAND USE STUDIES, HIGHEST & BEST USE ANALYSES, DEPRECIATION ANALYSES, COMPONENT APPRAISALS, ENVIRONMENTALLY SENSITIVE LAND, CONTAMINATED PROPERTIES, SUGARCANE & TURFGRASS LAND, DAY CARE CENTERS, SELF-STORAGE FACILITIES, FUNERAL HOMES, ANIMAL HOSPITALS, SUBMERGED LAND, CITY CENTERS,etc. 67 Page 2 of 5 D)PARTIAL LIST OF CLIENTS PRIVATE INDIVIDUALS AND CORPORATIONS, ATTORNEYS, ACCOUNTANTS, TRUST DEPARTMENTS, COMMERCIAL BANKS: Wells Fargo; BankAtlantic; SunTrust; American National Bank; Landmark Bank; City National Bank; BankUnited; Gateway American Bank; State Farm Bank; Englewood Bank & Trust; SAVINGS & LOANS, INSURANCE COMPANIES, REAL ESTATE INVESTMENT TRUSTS, & REAL ESTATE TRANSFER COMPANIES, TITLE INSURANCE COMPANIES; FLORIDA CITIES: FORT LAUDERDALE, PLANTATION, COOPER CITY, TAMARAC, LAUDERHILL, BOCA RATON, DEERFIELD BEACH, OAKLAND PARK, WILTON MANORS, HOLLYWOOD, WEST PALM BEACH, DELRAY BEACH, HALLANDALE, PEMBROKE PINES, COOPER CITY, TOWN OF DAVIE, TOWN OF SOUTHWEST RANCHES, MIRAMAR. FLORIDA COUNTIES: BROWARD, PALM BEACH,COLLIER, OKEECHOBEE;BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS;OKEECHOBEE BOARD OF COUNTY COMMISSIONERS. SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, BROWARD COUNTY HOUSING AUTHORITY,STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION(DOT); STATE OF FLORIDA DIVISION OF GENERAL SERVICES(GSA); N. BROWARD GENERAL HOSPITAL DISTRICT; STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Approved Vendor);U_S. TREASURY DEPARTMENT(General Counsel, I.R.S.);U.S.MARSHAL'S SERVICE—U.S.ATTORNEY'S OFFICE CENTRAL DIVISION—U.S.Dept.of Justice; VETERANS ADMINISTRATION E)EDUCATIONAL BACKGROUND-(Partial List) BACHELOR OF ARTS- Earlham College,Richmond,Indiana(1954) MBA(Nova University) - Real Estate Management&Development(National Dean's List 1991) Course 1 (AIREA) - Basic Principles of Appraising Course 2 (AIREA) - Urban Property Valuation(Income) Course 4 (AIREA) -Condemnation Appraising Course 6 (AIREA) - Income Capitalization&Analysis Course 101(SREA) - Introduction to Appraising Course 201(SREA) - Income Property Valuation,Theory Course 202(SREA) - Applied Income Property Valuation Course 301(SREA) - Applications/Appraisal Analysis Symposium (SREA) - Market Analysis,1978,Virginia Symposium (SREA) - Market Analysis,1979,Arizona Symposium (SREA) - Market Analysis,1980,South Carolina Symposium (SREA) - Market Analysis,1981,Tennessee Symposium (SREA) - Market Analysis,1982,New Mexico Symposium (SREA) - Market Analysis,1983,Pennsylvania Symposium (SREA) - Market Analysis,1984,Georgia Symposium (SREA) - Market Analysis,1985,Vancouver,B.C. Symposium (SREA) - Market Analysis,1986,New Jersey Clinic (SREA) -#201 Instructor,1987,U.of Illinois Clinic (SREA) -#201 Instructor,1988,Illinois Seminar (SREA) - Professional Practice,1988,Florida Symposium(SREA) - Market Analysis, 1988,California Symposium(SREA) - Market Analysis, 1989,Minnesota MBA Graduate School Courses: 1990—1991 Successfully completed the following graduate school courses: - "Regulation of Real Estate Development" - "Real Properties Management" - "Legal Issues In Real Estate" - "Market Analysis and Site Selection" - "Organizational Behavior and Management' - "Human Resource Management" - "Real Estate Economics" -"R.E.Finance:Instruments,Institutions&Investment Analysis" - "Urban Infrastructure&Environmental Analysis" - "Real Estate Accounting" - "Marketing Management for Real Estate" - "Commercial Real Estate Lending" - "Construction Technology and the Building Development Process" SEMINAR (AI) - Cost Approach(1992/Boston) SEMINAR (AI) - Rates&Ratios(1992/Boston) SEMINAR (AI) - International Appraising(1992/Boston) SEMINAR (AI) - Litigation Valuation/Mock Trial(1993) SEMINAR (AI) - ADA ACT(1993/Reno) SEMINAR (AI) - Hotel Valuation(1993) SEMINAR (AI) - Income Capitalization,Methods(1993) SEMINAR (AI) - Powerlines/Electromagnetic Radiation(1994) SEMINAR (AI) - Verifying Market Data(1994) SEMINAR (AI) - Market Studies for Appraisals(1994) SEMINAR (AI) - Florida Appraiser Core Law(USPAP/1994) 68 Page 3 of 5 E)EDUCATIONAL BACKGROUND-(Partial List,continued) SEMINAR (AI) - Limited Appraisals&Reports(USPAP/1994) SEMINAR (AI) - Public Safety&Property Values(1995) SEMINAR (AI) - Outparcel Valuation(1995) SEMINAR (AI) - Computer Technology Video Conference(1995) SEMINAR (AI) - The Internet&the Appraiser(1996) SEMINAR (AI) - Florida Commercial Construction(1996) SEMINAR (AI) - Real Property Rights in Florida(1996) COURSE (AI) - USPAP&Florida Real Estate Core Law(1996) SEMINAR (AI) - Valuation of Trees(199 7) 3-DAY COURSE - Environmental Permitting/Mitigation/Mitigation Banking/Contamination Risk Management- Liability/Wetlands/Hazardous Wastes/LenderLiability(1997/Marco Beach.FL) SEMINAR(AI) -Valuation of Transferable Development Rights[TDR's](1997) COURSE (AI) - Standards of Professional Practice,Part C,15 hour Course#430(1997) SEMINAR(AI) - Non-Conforming Uses(1998) SEMINAR(AI) - The Impact of Contamination on Real Estate Value(1998) COURSE (AI) - USPAP&Florida Real Estate Core Law(1998) SEMINAR(AI) - Econometrics/Statistical Valuation Methods(1999) COURSE (AI) - 14 Hour(2-day)Advanced Spreadsheet Modeling for Valuation Applications SEMINAR(AI) - Globalization of Real Estate/What U.S.Appraisers Need to Know(1999) SEMINAR(AI) - The Role of the Appraiser in Alternative Dispute Resolution(Mediation/Arbitration)(1999) SEMINAR(AI) - Technology Forum Part II/Intermediate(1999) SEMINAR(AI) - Client Satisfaction/Retention/Development(1999) SEMINAR(AI) - Attacking and Defending an Appraisal(1999) SEMINAR(AI) - Federal Appraisal Requirements("Yellow Book')(2000) SEMINAR(AI) - Regression Analysis in Appraisal Practice:Concepts&Applications(2000) SEMINAR(AI) -Analyzing Income Producing Properties(2000) SEMINAR(ATIF) - 1031 Tax Deferred Exchanges(2000) COURSE (AI) -USPAP&Florida Real Estate Core Law(2000) SEMINAR(AI) - Mediation&Alternate Dispute Resolution Seminar(2001) SEMINAR(AI) - State of the Appraisal Profession(2001) 2-Day SEMINAR - Eminent Domain,by CLE International,Tampa,Florida(200 1) SEMINAR(AI) -Ad Valorem Assessment Process in Florida(2002) SEMINAR(AI) -Role of Real Estate Appraisers in Bankruptcy Proceedings(2002) SEMINAR(AI) -Appraisers&the Gramm-Leach-Bliley Federal Privacy Act(2002) SEMINAR(AI) -How to Appraise the Ugly House(2002) COURSE(AI) -2-Day Course#430,Standards of Professional Practice,Part C(2002) SEMINAR(AI) -Market Trends for 2003(2003) SEMINAR(AI) -Update on Code of Professional Ethics(2003) PANEL(AI) -Moderator"Industry,Consumer&Congressional Views on Predatory Lending"D.C.(2003) SEMINAR(AI) -Florida State Law for Real Estate Appraisers(2003) SEMINAR(AI) -Appraisal Agreements(2003) SEMINAR(AI) -Analyzing Distressed Real Estate(2004) SEMINAR(AI) -Valuation for Financial Reporting Purposes(2004) SEMINAR(AI) -7 Hour National USPAP Update Course#1400(2004) SEMINAR(AI) -Inverse Condemnation(2004) SEMINAR(AI) -Appraiser Independence in the Loan Process(2004) SUMMIT (AI) -Moderator at 2-day Appraisal Summit in Washington,D.C.(12/2004) SEMINAR(AI) -Loss Prevention Program for Real Estate Appraisers(2005) SEMINAR(AI) -Valuation of Wetlands(7/2005) SEMINAR(AI) -Tri-County Residential Symposium(8/2005) SEMINAR(AI) -"Cool Tools"Internet Resources and Use for Valuation(2/2006) SEMINAR(AI) -FREAB 7-Hour National USPAP Update(5/2006) SEMINAR(AI) -FREAB 3-Hour Florida State Law for Real Estate Appraisers(5/2006) SEMINAR(AI) -USPAP Scope of Work&New Requirements(8/2006) SEMINAR(AI) -USPAP Reappraising,Readdressing&Reassigning Appraisal Reports(2/2007) SEMINAR(AI) -Al Summary Appraisal Report/Residential(4/07) COURSE(Fla..) -14-Hour Continuing Education(including 3-Hour Florida Core Law)(7/2007) SEMINAR(AI) -Real Estate Fraud:Appraisers Beware!(8/2007) SEMINAR(AI) - Florida Law for Real Estate Appraisers(11/2007) COURSE(AI) -Business Practices and Ethics—8 hours(12/2007) SEMINAR(AI) -Supervisor Trainee Roles and Rules(2/2008) SEMINAR(AI) -7 Hour National USPAP(4/2008) SEMINAR(AI) -USPAP Hypothetical Conditions&Extraordinary Assumptions(5/2008) SEMINAR(AI) -Litigation Skills for the Appraiser—7-Hour Seminar(9/2008) SEMINAR(AI) -Public Sector Appraising(2/2009) 69 Page 4 of 5 E)EDUCATIONAL BACKGROUND-(Partial List,continued) WEBINAR(AI) -Develop an Effective Marketing Plan(3/2009) SEMINAR(AI) -Inspecting the Residential"Green House"(4/2009) SEMINAR(AI) -Property Tax Assessment(5/2010) SEMINAR(AI) -Supervisor Trainee Roles and Rules(7/2010) SEMINAR(AI) -Florida Law for Real Estate Appraisers(7/2010) SEMINAR(AI) -7-Hour Introduction to Valuation for Financial Reporting—Chicago(5/2009) SEMINAR(AI) -Government Regulations&Their Effect on R.E.Appraising(8/2009) SEMINAR(AI) -R.E.Market:How We Got Here,Where We Are,Where We're Going(10/2009) SEMINAR(AI) -7 Hour National USPAP Update Course(10/1/2010) COURSE (AI) -7 Hour Introduction to Conservation Easement Valuation(12/10/2010) SEMINAR(AI) -The Real Estate Market(2/18/2011) COURSE (AI) - 16 Hours Uniform Appraisal Standards for Federal Land Acquisitions("Yellow Boob')(2/25-26/2011) WEBINAR(AI) -Real Estate Industry Perspectives on Lease Accounting(4/7/2011) COURSE (AI) - 15 Hour Appraisal Curriculum Overview(5/19-20/2011) WEBINAR(AI) -2-hour Investment Property Accounting Standards(6/8/2011) SEMINAR(AI) -3 Hour Spotlight on USPAP—Agreement for Services(7/15/2011) COURSE (AI) - 14 Hours(2-day)Advanced Excel Spreadsheet Modeling for Valuation Applications(9/22&9/23/2011) SEMINAR(AI) - Trial Components(11/4/11) SEMINAR(AI) - Lessons from the Old Economy Working in the New(1/20/2012) 7-Hour USPAP -National USPAP Update(3/9/2012) 3-Hour Fla..Law -State Law Update(3/9/2012) SEMINAR(AI) - Appraisal Review for General Appraisers(4/12/2012) SEMINAR(AI) - Land Valuation(4/20/2012) SEMINAR(AI) - The Valuation of Warehouses(6/22/2012) SEMINAR(AI) - Town Hall Meeting:2012 Appraisal Institute Forum(7/12/2012) SEMINAR(AI) - IRS Valuation(7/19/2012) SEMINAR(AI) - 7 Hour Business Practices and Ethics Course(12/7/2012) SEMINAR(AI) - Real Estate Forecast 2013(1/25/2013) COURSE(AI) - 7 Hour Advanced Marketability Studies(5/6/2013) SEMINAR(AI) - Developing a Supportable Workfile(11/15/2013) SEMINAR(AI) - Florida Appraisal Law Course(2/7/2014) SEMINAR(AI) - Liability Issues for Appraisers performing Litigation&Non-Lending Work(2/24/2014) COURSE(AI) - 7 Hour National USPAP Update Course(4/25/2014) SEMINAR(AI) - Economic Conditions(5/16/2014) SEMINAR(AI) - Fundamentals of Going Concerns(7/16/2014) SEMINAR(AI) - Litigation Assignments for Residential Appraisers(7/24/2014) SEMINAR(AI) - Economic Engines of Miami-Dade County,Florida(1/23/2015) SEMINAR(AI) - Economic Engines Driving Broward County,Florida(5/15/2015) 3-Hour Fla.Law - Florida Real Estate Broker 14-hour Continuing Education Course (incl.3 hour core law)with exam(9/2015) SEMINAR(AI) -Drone Technology&its Effect on Real Estate Valuations(11/2015) SEMINAR(AI) -Loss Prevention for Real Estate Appraisers(1/22/2016) COURSE(AI) -7-Hour National USPAP Update Course(4/22/2016) SEMINAR(AI) -3-Hour Florida Appraisal Law(4/22/2016) SEMINAR(AI) -4-Hour Appraisals in the Banking Environment(5/6/2016) SEMINAR(AI) -Appraising the Tough One:Mixed Use Properties(8/19/2016) SEMINAR(AI) -4-Hour Business Practices&Ethics(12/02/2016)5-Year Requirement WEBINAR(AI) -2-Hour Yellow Book Changes—Overview for Appraisers(1/11/2017) SEMINAR(AI) -3-Hours Economic Engines Driving Broward County in 2017(1/27/2017) COURSE(AI) -7-Hours:Introduction to Green Buildings Principles&Concepts(2/24/2017) COURSE(AI) -4 Hours:Another View of the Tough One:Sales Comparison Approach for Mixed-Use Properties(5/19/2017) SEMINAR(AI) -4 Hours:Appraising for Federal Office of Valuation Services&Yellow Book Review(8/18/2017) COURSE(BR) -14 Hours Real Estate Continuing Education,including 3-Hour Florida Real Estate Core Law(9/13/2017) COURSE(AI) - 4-Hours:2-4 Unit Small Residential Income Property Appraisals(11/3/2017) COURSE(AI) - 15 Hours"Yellow Book"Unifonn Appraisal Standards for Federal Land Acquisitions—Passed Exam(11/10/2017) SEMINAR(AI) - 3 Hours"Hot Topics and Myths in Appraiser Liability"(1/26/2018) COURSE(AI) - 7-Hour National USPAP Update Course(2/9/2018) SEMINAR(AI) - 3 hours Florida Appraisal Law(2/9/2018) 70 Page 5 of 5 F)APPRAISAL TEACHING EXPERIENCE Licensed by the Florida Department of Education to Teach(Certificate No.275236). Authored and taught Residential and Commercial Real Estate Appraisal Courses for Broward County Adult Education Program. Taught Course 101 - Society of Real Estate Appraisers. Taught Course 201 - Society of Real Estate Appraisers. Taught Appraisal Seminars-Board of Realtors,ASA, SREA,and Al (Appraisal Institute). Adjunct Professor, University of Florida Division of Continuing Education: (taught Course 2, "Real Estate Principles and Practices" to prospective Florida Real Estate Brokers). G)PROFESSIONAL OFFICES HELD/AWARDS NATIONAL B.O.D.MEMBER - BOARD OF DIRECTORS of APPRAISAL INSTITUTE (2006-2008) AWARD - Appraisal Institute`NATIONAL PRESIDENTS AWARD"2008 AWARD - Appraisal Institute"LIFETIME ACHIEVEMENT AWARD"2011 For"high ethical standards,contributions to the Appraisal Institute,Community and Appraisal Profession for at least 20 years." CHAIR - REGION X -All of Florida -Appraisal Institute(2008) VICE-CHAIR - REGION X -All of Florida -Appraisal Institute(2007) THIRD DIRECTOR - REGION X -All of Florida -Appraisal Institute(2006) FINANCE OFFICER - REGION X—All of Florida—Appraisal Institute(2006) PRESIDENT - BROWARD COUNTY,SOCIETY OF REAL ESTATE APPRAISERS PRESIDENT - BROWARD COUNTY,AMERICAN SOCIETY OF APPRAISERS CHAIR - FLA.STATE GOVERNMENT RELATIONS SUBCOMMITTEE OF Al CHAIR - FLA.STATE LEGISLATION&REGULATION SUBCOMMITTEE OF Al G)PROFESSIONAL OFFICES HELD/AWARDS CHAIR - FLORIDA REALTORS COMMITTEE ON COMMITTEE REFORMS CHAIR - EDUCATION COMMITTEE,FT.LAUDERDALE CHAPTER Al CHAIR - CANDIDATES GUIDANCE COMMITTEE,FT.LAUDERDALE CHAPTER Al CHAIR - NATIONAL Valuation for Financial Reporting PROJECT TEAM OF Al VICE CHAIR&MEMBER - NATIONAL GOVERNMENT RELATIONS COMMITTEE OF Al(15 Years) MEMBER - NATIONAL LONG RANGE PLANNING COMMITTEE OF Al MEMBER - NATIONAL PUBLIC AFFAIRS COMMITTEE OF Al DIRECTOR - REGION X(Florida)Appraisal Institute MEMBER - REGION X(FLORIDA)ETHICS AND COUNSELING PANEL DIRECTOR - BROWARD COUNTY,FLORIDA SOCIETY OF REAL ESTATE APPRAISERS DIRECTOR - SOUTH FLORIDA CHAPTER AMERICAN SOCIETY OF APPRAISERS MEMBER - NATIONAL EXPERIENCE REVIEW PANEL MEMBER OF Al SPECIAL MASTER - BROWARD COUNTY BOARD OF TAX ADJUSTMENT COMMISSIONER - 17TH JUDICIAL CIRCUIT COURT,Broward County,FL MEMBER - 2013 APPRAISAL INSTITUTE NATIONAL BUSVAL PROJECT TEAM H)PROFESSIONAL PUBLICATIONS&PRESENTATIONS Wrote and taught a basic Residential Appraisal Course for the Broward County Adult Education Div.of the Dept.of Education; Wrote and taught an Income Appraisal Course for the Broward County Adult Education Division of the Department of Education; Co-authored and taught an appraisal course on Mortgage-Equity Capitalization for the American Society of Appraisers. Authored and taught a Florida State and Appraisal Institute 3-hour accredited course in"The Legislation,Regulation and Appraisal of Real Property Rights in Florida September 7,1996. Presentation on"Gramm-Leach-Bliley"Federal Privacy Act of 1999 for South Florida Chapter of American Society of Appraisers on October 24,2001. Presented 3-hour Florida CEU-credit seminar on"Appraisers and the Gramm-Leach-Bliley Act"before the South Florida Chapter of the Appraisal Institute on July 27,2002. Presenter at 6.5 Hour CLE-credit Attorney Seminar on Florida Eminent Domain,"Valuation and Damage Issues" February 2,2006, Fort Lauderdale,Florida P CIVIC INVOLVEMENT MEMBER OF ROTARY INTERNATIONAL/PAUL HARRIS FELLOW MEMBER OF THE GREATER FORT LAUDERDALE OPERA GUILD MEMBER FLORIDA PHILHARMONIC BROWARD TRUSTEES MEMBER OF THE BROWARD COUNTY LIBRARY SUPPORT GROUP("BYBLOS") MEMBER CIRCLE OF FRIENDS—NOVA SOUTHEASTERN LIBRARY FOUNDATION MEMBER NOVA SOUTHEASTERN UNIVERSITY ALUMNI ASSOCIATION MEMBER OF THE FORT LAUDERDALE HISTORICAL SOCIETY MEMBER OF THE BROWARD COUNTY MUSEUM OF THE ARTS MEMBER OF THE FORT LAUDERDALE/BROWARD COUNTY CHAMBER OF COMMERCE MEMBER OF THE BETTER BUSINESS BUREAU OF SOUTH FLORIDA LIFETIME HONORARY MEMBER FLORIDA SHERIFF'S ASSOCIATION MEMBER NATIONAL&FT.LAUDERDALE COUNCILS U.S.NAVY LEAGUE U.S.ARMY VETERAN WWII(RA 1721268 1)-HONORABLE DISCHARGE 1949 71 I of Vance Beal Estate Service ir 01% Claudia Vance, MAI Appraiser - Real Estate Analyst Reviewer Vance Real Estate Service - 7481 NW 4 Street Plantation - FL - 33317 Office: 954.583.2116 Cell: 954.647.7148 Email: vanceval ,att.net Web Site:www.vancerealestateservice.com Vance Real Estate Service is a Veteran-Owned Small Business (VOSB) and Florida Certified SDVBE Minority Business Enterprise specializing in personalized real estate valuation services in Florida for over 35 years. Designated appraisers perform the appraisal work,no trainees. Our appraisals are used for financial/mortgage loan purposes from large mixed use complexes to small owner-occupied properties. We have the qualifications for appraisals submitted to SBA. Jesse B.Vance,Jr.,MAI, SRA,ASA and Claudia Vance,MAI are qualified as expert witnesses for eminent domain,deficiency judgments,marriage dissolution,and estates. Our firm values most types of real property interests,timely,professionally,and at competitive costs. PROFESSIONAL QUALIFICATIONS A)PROFESSIONAL DESIGNATIONS/LICENSES MAI Designation- APPRAISAL INSTITUTE No.9451 State-Certified General Real Estate Appraiser No.RZ-173 Florida State Licensed Real Estate Broker No.BK 0161305 VOSB Veteran-Owned Small Business(CCR/Duns 826494957) B)WORK HISTORY 1983-Current Vice President-Vance Real Estate Service 1981-1983 President-The Appraisal Company,Fort Lauderdale,Florida 1979-1981 Staff Appraiser -Real Property Analysts,Inc.,Fort Lauderdale,Florida 1976-1980 REALTOR-Associate-The Atwood Corporation,Fort Lauderdale,Florida 1973-1975 Teacher of Secondary Language Arts in the Jefferson Parish School in Louisiana C)QUALIFIED AS AN EXPERT WITNESS IN REAL ESTATE VALUATION U.S.Bankruptcy Court,Southern District of Florida Florida Circuit Court:Broward County D)APPRAISER SPECIAL MAGISTRATE FOR THE BROWARD CO VALUE ADJUSTMENT BOARD 2002-2010 E)EXPERIENCE:35+years appraising and analyzing real property interests in South Florida Partial list of real property types valued: High value residences,Condominiums/Co-operatives,Office,Industrial,Multi-family,Restaurants/bars,Auto dealerships,City Centers, Hotels/motels, Houses of worship, Schools, Child care centers, Self-storage, Funeral home, Animal Hospital, Mixed use,Nursing homes, Gas sales stations,Marinas,Mobile home parks, Shopping centers, Country clubs/golf courses, Financial institutions,Bowling centers,Vacant land, Agricultural properties,Environmentally sensitive land Types of Reports: Market Value, Eminent Domain, Marketability, Feasibility, Highest and Best Use, Investment Analyses, Partial Interests, Easement Valuations,Estate planning,Marriage dissolution,Land use studies,Damage/Contamination studies 72 2 of F)PARTIAL LIST OF CLIENTS— PRIVATE: Individuals,Corporations,Attorneys,Accountants,Habitat for Humanity,Seminole Tribe of Florida COMMERCIAL BANKS: Wells Fargo; BankAtlantic; SunTrust Citigroup; Space Coast Credit Union; State Farm Bank; Florida Shores Bank;American National Bank;Landmark Bank;City National Bank;Englewood Bank&Trust SAVINGS & LOANS, INSURANCE COMPANIES, REAL ESTATE INVESTMENT TRUSTS, & REAL ESTATE TRANSFER COMPANIES,TITLE INSURANCE COMPANIES FLORIDA CITIES: Fort Lauderdale, Plantation, Cooper City, Deerfield Beach, Tamarac, Oakland Park, Wilton Manors, Davie,Hollywood,Pembroke Pines,Hallandale Beach,Lauderhill, Southwest Ranches,Miramar,Boca Raton,Boynton Beach, West Palm Beach,Delray Beach FLORIDA COUNTIES and AGENCIES: Broward,Palm Beach,Broward County Board of County Commissioners,School Board of Broward County,Broward County Housing Authority STATE OF FLORIDA Department of Transportation(FDOT),Department of Environmental Protection U.S.Department of Veterans Affairs,U.S.Department of Treasury(IRS),U.S Marshall's Service,U.S.Attorney G)EDUCATIONAL BACKGROUND Academic: Bachelor of Arts Degree—University of New Orleans,New Orleans,LA—Major: English Professional: Course 1-A (AIREA)- Introduction to Appraising Real Property,1977,Passed Exam Course 1-B (AIREA)- Capitalization Theory and Techniques,1978,Passed Exam Course VIII(AIREA)- Residential Appraising,1978,Passed Exam Course SPP (AI) - Standards of Professional Practice,1992,Passed Exam Course 2-1 (AIREA)- Case Studies,1987,Passed Exam Course 2-2 (AIREA)- Report Writing,1987,Passed Exam Course R-2 (SREA) - Report Writing,1978,Passed Exam Course 202 (SREA) - Applied Income Property Valuation,1983,Passed Exam Course 301 (SREA) - Applications/Appraisal Analysis, 1984,No Exam Course SPP (SREA) - Standards of Professional Practice,1989,No Exam Symposium (SREA)- Market Analysis,1983,Philadelphia Symposium (SREA)- Market Analysis,1984,Atlanta Symposium (SREA)- Market Analysis,1985,Vancouver Symposium (SREA)- Market Analysis,1986,Atlantic City Symposium (SREA)- Market Analysis,1988,Los Angeles SEMINAR (AI) - Cost Approach(1992/Boston) SEMINAR (AI) - Rates&Ratios(1992/Boston) SEMINAR (AI) - International Appraising(1992/Boston) SEMINAR (AI) - Litigation Valuation/Mock Trial(1993) SEMINAR (AI) - ADA ACT(1993/Reno) SEMINAR (AI) - Hotel Valuation(1993) SEMINAR (AI) - Income Capitalization,Methods(1993) SEMINAR (AI) - Powerlines/Electromagnetic Radiation(1994) SEMINAR (AI) - Verifying Market Data(1994) SEMINAR (AI) - Market Studies for Appraisals(1994) SEMINAR (AI) - Florida Appraiser Core Law(USPAP/1994) SEMINAR (AI) - Limited Appraisals&Reports(USPAP/1994) SEMINAR (AI) - Public Safety&Property Values(1995) SEMINAR (AI) - Outparcel Valuation(1995) SEMINAR (AI) - Computer Technology Video Conference(1995) SEMINAR (AI) - The Interact&the Appraiser(1996) SEMINAR (AI) - Florida Commercial Construction(1996) SEMINAR (AI) - 1996 Data Exchange(1996) SEMINAR (AI) - Real Property Rights in Florida(1996) COURSE (AI) - USPAP&Florida Real Estate Core Law(1996) SEMINAR (AI) - Valuation of Trees(1997) 73 3 of4 G)EDUCATIONAL BACKGROUND(Continued) SEMINAR(AI) - Valuation of Transferable Development Rights[TDR's] (1997) COURSE (AI) - Standards of Professional Practice,Part C,15 hour Course#430(1997) SEMINAR(AI) - Non-Conforming Uses(1998) SEMINAR(AI) - The Impact of Contamination on Real Estate Value(1998) COURSE (AI) - USPAP&Florida Real Estate Core Law(1998) SEMINAR(AI) - Econometrics/Statistical Valuation Methods(1999) SEMINAR(AI) - Globalization of Real Estate/RThat U.S.Appraisers Need to Know(1999) SEMINAR(AI) - The Role of the Appraiser in Alternative Dispute Resolution(Mediation/Arbitration)(1999) SEMINAR(AI) - Technology Forum Part II/Intermediate(1999) SEMINAR(AI) - Client Satisfaction/Retention/Development(1999) SEMINAR(AI) - Attacking and Defending an Appraisal(1999) SEMINAR(AI) - Federal Appraisal Requirements(2000) SEMINAR(AI) - Regression Analysis in Appraisal Practice:Concepts&Applications(2000) SEMINAR(AI) -Analyzing Income Producing Properties(2000) COURSE (AI) -USPAP&Florida Real Estate Core Law(2000) SEMINAR(AI) - Mediation&Alternate Dispute Resolution Seminar(2001) SEMINAR(AI) - State of the Appraisal Profession(2001) SEMINAR(AI) -Ad Valorem Assessment Process in Florida(2002) SEMINAR(AI) -Role of Real Estate Appraisers in Bankruptcy Proceedings(2002) SEMINAR(AI) -Appraisers&the Gramm-Leach-Bliley Federal Privacy Act(2002) SEMINAR(AI) -How to Appraise the Ugly House(2002) COURSE(AI) -2-Day Course#430,Standards of Professional Practice,Part C(2002) SEMINAR(AI) -Market Trends for 2003(2003) SEMINAR(AI) -Update on Code of Professional Ethics(2003) PANEL(AI) -Moderator"Industry,Consumer&Congressional Views on Predatory Lending"D.C.(2003) SEMINAR(AI) -Florida State Law for Real Estate Appraisers(2003) SEMINAR(AI) -Appraisal Agreements(2003) SEMINAR(AI) -Analyzing Distressed Real Estate(2004) SEMINAR(AI) - Valuation for Financial Reporting Purposes(2004) SEMINAR(AI) - National USPAP Course(2004) SEMINAR(AI) - Inverse Condemnation(2004) SEMINAR(AI) - Loss Prevention(2005) SEMINAR(AI) - Single Family Fraud Awareness(2005) SEMINAR(AI) - Guide to the new URAR form(2005) SEMINAR(AI) - Technologies for Real Estate Appraisers(2006) SEMINAR(AI) - The Appraiser's Role in New Urbanism(2006) SEMINAR(AI) - National USPAP Update(2006) SEMINAR(AI) - Florida State Law for Real Estate Appraisers(2006) SEMINAR(AI) - Scope of Work and the New USPAP Requirements(2006) SEMINAR(AI) - Energy Star and the Appraisal Process(2006) SEMINAR(AI) - Reappraising,Readdressing,and Reassigning Appraisals(2007) SEMINAR(AI) - Real Estate Fraud(2007) SEMINAR(AI) - Forecasting Revenue(2007) SEMINAR(AI) - Florida Law for Real Estate Appraisers(2007) COURSE(AI) -Business Practice and Ethics#420(2007) SEMINAR(AI) -Supervisor—Trainee Roles and Rules(2008) COURSE(AI) -7 Hour National USPAP Update#400(2008) SEMINAR(AI) -Hypothetical Conditions and Assumptions(2008) SEMINAR(AI) -Real Estate Economy(2008) SEMINAR(AI) -Public Sector Appraising(2009) SEMINAR(AI) -Inspecting the residential"green"house(2009) WEBINAR(AI) -Value for Financial Reporting(2009) SEMINAR(AI) -The Real Estate Market in 2009 SEMINAR(AI) -New Govemment Regulations(2009) SEMINAR(AI) -Property Tax Assessment (2010) SEMINAR(AI) -7 Hour National USPAP (2010) SEMINAR(AI) -Florida Law for Real Estate Appraisers(2010) SEMINAR(AI) -Supervisor/Trainee Roles and Rules(2010) SEMINAR(AI) -The Real Estate Market(2011) SEMINAR(AI) -Uniform Appraisal Standards for Federal Land Acquisitions-"Yellow Boob'(2011) COURSE(AI) -15 Hour Appraisal Curriculum Overview(2011) SEMINAR(AI) -Spotlight on USPAP—Agreement for Services(2011) SEMINAR(AI) -Trial Components(2011) 74 4 of G)EDUCATIONAL BACKGROUND(Continued) SEMINAR(Al) -Lessons from the Old Economy Working in the New(2012) SEMINAR(Al) -Appraisal Review for General Appraisals(2012) COURSE(Al) -National USPAP Update(2012) SEMINAR(Al) -Florida Law(2012) SEMINAR(Al) -Land Valuation(2012) SEMINAR(Al) -Valuation of Warehouses(2012) SEMINAR(Al) -IRS Valuation(2012) SEMINAR(Al) -Business Practices and Ethics(2012) SEMINAR(Al) -Real Estate Forecast(2013) SEMINAR(Al) -Advanced Marketability Studies(2013) SEMINAR(Al) -Developing a Supportable Workfile(2013) SEMINAR(Al) -Florida Appraisal Law(2014) SEMINAR(Al) -Liability Issues for Appraisers performing Litigation&Non-Lending Work(2014) COURSE(Al) -7 Hour National USPAP Update Course(2014) SEMINAR(Al) -Florida Law(2014) SEMINAR(Al) -New Real Estate Economy(2014) SEMINAR(Al) -Economic Engines of Miami-Date County(2015) SEMINAR(Al) -Economic Engines of Broward County(2015) SEMINAR(Al) -Tightening the Appraisal(2015) SEMINAR(Al) -Evaluating Commercial Construction(2015) SEMINAR(Al) -Drone Technology(2015) SEMINAR(Al) -Loss Prevention for Appraisers(2016) COURSE(Al) -7 Hour National USPAP Update(2016) SEMINAR(Al) -Florida Law(2016) SEMINAR(Al) -Redefining the Appraisal&Its Role in an Evolving Banking Environment(2016) SEMINAR(Al) -The Tough One,Mixed use properties(2016) SEMINAR(Al) -Business Practices&Ethics(2016) SEMINAR(Al) -Economic Engines Driving Broward County(2017) SEMINAR(Al) -Introduction to Green Buildings&passed exam(2017) SEMINAR(Al) -Another View of the Tough Ones(2017) SEMINAR(Al) -Appraising for the Office of Valuation Services,Department of the Interior(2017) SEMINAR(Al) -Case Studies in Appraising Green Residential Buildings&passed exam(2017) SEMINAR(Al) -Uniform Appraisal Standards for Federal Land Acquisitions&passed exam(2017) H)PROFESSIONAL INVOLVEMENT Region X Representative of the Appraisal Institute 2006—2009 President of the South Florida Chapter of the Appraisal Institute-2003 First Vice-President of the South Florida Chapter of the Appraisal Institute-2002 Second Vice-President of the South Florida Chapter of the Appraisal Institute-2001 Secretary of the South Florida Chapter of the Appraisal Institute-2000 Treasurer of the South Florida Chapter of the Appraisal Institute-1999 Chair of the Education Committee of the S.Florida Chapter of the Appraisal Institute-1995,1996,1997,1998,2007-2018 Chair of the University Relations Committee of the South Florida Chapter of the Appraisal Institute-2006 Director of the South Florida Chapter of the Appraisal Institute 1996-1998 Member of Region X(Florida)Ethics and Counseling Panel—Al Graduate of the Florida REALTORS Institute(GRI) Director of the Florida Association of REALTORS (FAR)-1981 Committee Member of the Florida Association of REALTORS,Education Committee 1980&1981 Chairman of the Education Committee of the Fort Lauderdale REALTORS- 1981 and 1982; Member 1978,1979,1980 Member of the Long Range Planning and Awards Committees of the Fort Lauderdale REALTORS Instructor for the Investment Division of the Fort Lauderdale REALTORS D PROFESSIONAL PUBLICATIONS&PRESENTATION Prepared and taught Mastering Real Estate Mathematics at the Fort Lauderdale Area Board of REALTORS Prepared and taught A Guide to Researching Real Estate Information in Broward County and Working Through the Basic Approaches to Market Value, Fort Lauderdale Area Board of REALTORS J) CIVIC INVOLVEMENT Member of the Navy League of the United States—Fort Lauderdale Council Lifetime Honorary Member-Florida Sheriff s Association Member of Zeta Tau Alpha Alumnae Fraternity 75 MULTIPLE PROPERTY PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement (hereinafter "Agreement") is made and entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part 111, of the Florida Statutes, having an address of 710 North Federal Highway, Boynton Beach, FL 33435 (hereinafter "PURCHASER") and LARANN, LLC, a Florida limited liability company, having an address of P.O. Box 362042, Melbourne, Florida 32936-2042 (hereinafter "SELLER"). In consideration of the mutual covenants and agreements herein set forth, the Parties hereto agree as follows: 1. PURCHASE AND SALE/PROPERTY. SELLER agrees to sell and convey to PURCHASER and PURCHASER agrees to purchase and acquire from SELLER, on the terms and conditions hereinafter set forth, the Properties located in Palm Beach County, Florida (collectively the "Property" or "Properties") and more particularly described as follows: LOT 170, ARDEN PARK ADDITION TO BOYNTON BEACH, ACCORDING TO THE PLAT THEREOF,ON FILE WITH THE CLERK OF THE CIRCUIT COURT,IN AND FOR PALM BEACH COUNTY,FLORIDA,PLAT BOOK 2,PAGE 96. Parcel Control Number 08-43-45-21-18-000-1700 Property Address: NE 11th Ave, Boynton Beach, FL 33435 and together with; MEEKS & ANDREWS ADD UNMBRD LT E OF LT 1 BLK 4, ACCORDING TO THE PLAT THEREOF, ON FILE WITH THE CLERK OF THE CIRCUIT COURT, IN AND FOR PALM BEACH COUNTY, FLORIDA, OR BOOK 25652, PAGE 1238. Parcel Control Number 08-43-45-21-22-004-0110 Property Address: 211 NE 9th Avenue, Boynton Beach, FL 33435 2. PURCHASE PRICE AND PAYMENT. The Purchase Price to be paid for the Properties shall be the greater of the appraised value, as estimated by the Buyer's appraiser, or Fifty Seven Thousand Five Hundred and 00/100 Dollars ($57,500.00), payable in cash, by wire transfer of United States Dollars at the Closing. This contract is contingent upon the Properties appraising for not less than the Purchase Price. PURCHASER shall, at PURCHASER's expense, cause to have prepared an appraisal of the Property by an MAI appraiser conforming to the requirements of the Uniform Standards of Professional Appraisal Practice. Should the Property appraise for less than the Purchase Price this Agreement shall automatically terminate and PURCHASER's deposit shall be refunded. 00931063-I Purchase and Sale Agreement Page 2 of 15 3. DEPOSIT. 3.1 Earnest Money Deposit. Within three (5) Business Days after the execution of the Purchase Agreement by both parties, however, not later than April 15, 2018, PURCHASER shall deliver to Lewis, Longman & Walker, PA ("Escrow Agent") a deposit in the amount of Five Thousand and 00/100 Dollars ($5,000.00)the "Deposit"). 3.2 Application/Disbursement of Deposit. The Deposit shall be applied and disbursed as follows: The Deposit shall be delivered to SELLER at Closing and the PURCHASER shall receive credit for such amount against the Purchase Price. If this Agreement is terminated during the Feasibility Period (hereinafter defined) for any reason, the Deposit shall be immediately refunded to the PURCHASER. If this Agreement is terminated due to a default, pursuant to Section 12, the Deposit shall be delivered to (or retained by, as applicable) the non-defaulting Party, and the non-defaulting Party shall have such additional rights, if any, as are provided in Section 12. 3.3 Escrow Agent. PURCHASER and SELLER authorize Escrow Agent to receive, deposit and hold funds in escrow and, subject to clearance, disburse them upon proper authorization and in accordance with Florida law and the terms of this Agreement. The parties agree that Escrow Agent will not be liable to any person for misdelivery of escrowed items to PURCHASER and SELLER, unless the misdelivery is due to Escrow Agent's willful breach of this Agreement or gross negligence. If Escrow Agent interpleads the subject matter of the escrow, Escrow Agent will pay the filing fees and costs from the deposit and will recover reasonable attorney's fees and costs to be paid from the escrowed funds which are charged and awarded as court costs in favor of the prevailing party. All claims against Escrow Agent will be arbitrated, so long as Escrow Agent consents to arbitrate. 4. EFFECTIVE DATE. The effective date of the Purchase Agreement is the date that the Escrow Agent receives the Escrow Deposit and Escrow Agent executes the Agreement, however, not later than April 15, 2018 or SELLER shall have the option to terminate this Agreement. 5. CLOSING. The purchase and sale transaction contemplated herein shall close on or before May 15, 2018, (the "Closing"), unless extended by other provisions of this Agreement or by written agreement, signed by both parties, extending the Closing. 6. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to PURCHASER, by Special Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid, good, marketable and insurable title in fee simple to the Property,free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, the "Permitted Exceptions"): (a) general real estate taxes and special assessments for the year of Closing and subsequent years not yet due 00935063-1 Purchase and Sale Agreement Page 3 of 15 and payable; (b) covenants, conditions, easements, dedications, rights-of-way and matters of record included on the Title Commitment or shown on the Survey (defined in Section 7), to which PURCHASER fails to object, or which PURCHASER agrees to accept, pursuant to Section 7.1 and Section 7.2 hereof. 7. FEASIBILITY PERIOD. The PURCHASER, and its designees shall have ten (10) days from the Effective Date of this Agreement ("Feasibility Period"), at PURCHASER's expense, to make inquiries to determine if the Property is suitable for its intended use and to enter upon the Property, at any time and from time to time with reasonable notice to SELLER and so long as said investigations do not result in a business interruption, to perform any and all physical tests, inspections, valuation appraisals and investigations of the Property, including but not limited to Phase I and Phase 11 investigations, which PURCHASER may deem necessary. During this Feasibility Period, PURCHASER may elect, in PURCHASER's sole and absolute discretion, to terminate this contract and receive back all deposits hereunder. If PURCHASER elects to terminate this Agreement in accordance with this Section, PURCHASER shall: (i) leave the Property in substantially the condition existing on the Effective Date, subject to such disturbance as was reasonably necessary or convenient in the testing and investigation of the Property; (ii) to the extent practicable, shall repair and restore any damage caused to the Property by PURCHASER's testing and investigation; and (iii) release to SELLER, at no cost, all reports and other work generated as a result of the PURCHASER's testing and investigation. PURCHASER hereby agrees to indemnify and hold SELLER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services rendered to PURCHASER (including, without limitation, any construction liens resulting therefrom) or for damage to persons or property (subject to the limitation on practicability provided above) arising out of PURCHASER's investigation of the Property. However, PURCHASER's indemnification obligations shall not exceed its statutory limits as provided within Section 768.28, Florida Statutes, and PURCHASER does not waive its sovereign immunity rights. SELLER hereby agrees to indemnify and hold PURCHASER harmless from and against all claims, losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for nonpayment for services directly authorized by SELLER in writing. PURCHASER'S AND SELLERS' obligations under this Section shall survive the termination, expiration or Closing of this Agreement. 7.1 Title Review. Within ten (10) days of the Effective Date, PURCHASER shall obtain, at the PURCHASER's expense, from a Title Company chosen by PURCHASER (hereinafter "Title Company"), a Title Commitment covering the Property and proposing to insure PURCHASER in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. Any and all assessments, outstanding utility charges, liens and other matters not constituting Permitted Exceptions shall be paid by Seller prior to or at closing from Seller's proceeds, only with the preapproval of SELLER. PURCHASER shall examine the Title Commitment and deliver written notice to SELLER no later than fifteen 00935063-I Purchase and Sale Agreement Page 4 of 15 (15) days after the Effective Date notifying SELLER of any objections PURCHASER has to the condition of title (hereinafter "Title Objections"). If PURCHASER fails to deliver the Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If PURCHASER timely delivers the Title Objections, then SELLER shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the Title Objections (hereinafter"Cure Period"). In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the Title Objections within the Cure Period, to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER's sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one additional thirty (30) day period, or (ii) accepting the title as it then is, or (iii) canceling and terminating this Agreement, in which case, the Deposit shall be returned to PURCHASER and the Parties shall have no further obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, PURCHASER shall have the right to cause the Title Company to issue an updated Title Commitment ("Title Update") covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, PURCHASER shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section. 7.2. Survey Review. Within five (5) days of the Effective Date, PURCHASER, at PURCHASER's expense, shall order a current boundary survey (the "Survey") of the Property, indicating the number of acres comprising the Property to the nearest 1/100th of an acre. If the Survey discloses encroachments on the Property or that improvements located thereon encroach on setback lines, easements, lands of others or violate any restrictions, covenants of this Agreement, or applicable governmental regulations,the same shall constitute a title defect and shall be governed by the provisions of Section 7.1 concerning title objections and PURCHASER shall deliver written notice to SELLER no later than fifteen (15) days prior to closing notifying SELLER of any objections PURCHASER has to the Survey. 7.3 SELLER Deliveries. SELLER shall deliver to PURCHASER the following documents and instruments in SELLER's possession or control, if any, within ten (10) days of the Effective Date of this Agreement, except as specifically indicated: 7.3.1 Copies of any reports or studies (including engineering, environmental, soil borings, and other physical inspection reports), in SELLER's possession or control with respect to the physical condition or operation of the Property, if any. 00935063-1 Purchase and Sale Agreement Page 5 of 15 7.3.2 Copies of all licenses, variances, waivers, permits (including but not limited to all surface water management permits, wetland resource permits, consumptive use permits and environmental resource permits), authorizations, and approvals required by law or by any governmental or private authority having jurisdiction over the Property, or any portion thereof (the "Governmental Approvals"), which are material to the use or operation of the Property, in SELLER's possession or control, if any. 7.3.3 SELLER warrants that there will not be, at the time of Closing, any unrecorded instruments affecting the title to the Property, including, but not limited to any conveyances, or licenses. 8. CONDITIONS TO CLOSING. PURCHASER shall not be obligated to close on the purchase of the Property unless each of the following conditions (collectively, the "Conditions to Closing") are either fulfilled or waived by PURCHASER in writing: 8.1. Representations and Warranties. All of the representations and warranties of SELLER contained in this Agreement shall be true and correct as of Closing. 8.2. Condition of Property. The physical condition of the Property shall be the same on the date of Closing as on the Effective Date, reasonable wear and tear excepted. 8.3. Pending Proceedings. At Closing, there shall be no litigation or administrative agency or other governmental proceeding of any kind whatsoever, pending or threatened, which has not been disclosed, prior to closing,and accepted by PURCHASER. 8.4. Compliance with Laws and Regulations. The Property shall be in compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes, requirements, licenses, permits and authorizations as of the date of Closing. 8.5. Occupancy. The property shall be conveyed to the PURCHASER at time of closing unoccupied 9. CLOSING DOCUMENTS. The PURCHASER, at its sole cost and expense, shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the SELLER'S Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered to PURCHASER the following documents and instruments: 9.1. Deed. A Special Warranty Deed (the "Deed") conveying to PURCHASER valid, good, marketable and insurable fee simple title to the Property free and clear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions. 00935063-1 Purchase and Sale Agreement Page 6 of 15 9.2 Seller's Affidavits. SELLER shall furnish to PURCHASER an owner's affidavit attesting that, to the best of its knowledge, no individual or entity has any claim against the Property under the applicable construction lien law; and that there are no parties in possession of the Property other than SELLER and the existing tenants under the existing leases. SELLER shall also furnish to PURCHASER a non-foreign affidavit with respect to the Property. In the event SELLER is unable to deliver its affidavits referenced above, the same shall be deemed an uncured title objection. 9.3. Closing Statement. A closing statement setting forth the Purchase Price, the Deposit, all credits, adjustments and prorations between PURCHASER and SELLER, all costs and expenses to be paid at Closing, and the net proceeds due SELLER, which PURCHASER shall also execute and deliver at Closing, once prior approval is obtained from the SELLER. 9.4. Corrective Documents. Documentation required to clear title to the Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions. 9.5. Additional Documents. Such other documents as PURCHASER or the Title Company may reasonably request that SELLER execute and deliver, and any other documents required by this Agreement or reasonably necessary in order to close this transaction and effectuate the terms of this Agreement. 10. PRORATIONS CLOSING COSTS AND CLOSING PROCEDURES. 10.1. Prorations. Assessments, rents, interest, insurance and other expenses of the Property shall be prorated through the day before Closing. PURCHASER shall have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at Closing shall be increased or decreased as may be required by prorations to be made through the day prior to Closing. Advance rent and security deposits, if any, will be credited to PURCHASER. Taxes shall be prorated based upon the current year's tax with due allowance made for maximum allowable discount. 10.2 Ad Valorem Taxes. PURCHASER and SELLER shall comply with Section 196.295, Florida Statutes, with respect to the payment of prorated ad valorem taxes for the year of closing into escrow with the Palm Beach County Tax Collector's Office. 10.3. Special Assessment Liens. Certified, confirmed and ratified special assessment liens imposed by public bodies as of Closing are to be paid by SELLER. Pending liens as of Closing shall be assumed by PURCHASER. If the improvement has been substantially completed as of the Effective Date, any pending lien shall be considered certified, confirmed or ratified and SELLER shall, at Closing, be charged an amount equal to the last estimate or assessment for the improvement by the public body. 00935063-1 Purchase and Sale Agreement Page 7 of 15 10.4. Closing Costs. PURCHASER shall be responsible for title insurance expenses and all documentary stamps on the deed, recording the deed and half of all general closing expenses (settlement fee, courier fees, overnight package, etc.). SELLER is responsible for half of all general closing expenses, not to exceed$350.00, and their own legal fees. All other costs of closing shall be borne by PURCHASER. 10.5 Closing Procedure. PURCHASER shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and PURCHASER (as applicable) shall execute and deliver to Closing Agent the Closing Documents. The Closing Agent shall, at Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked-up" Title Commitment to PURCHASER, and promptly thereafter, record the Deed and other recordable Closing Documents in the appropriate public records. 10.6 Existing Mortgages and Other Liens. At Closing, SELLER shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. 11. REPRESENTATIONS COVENANTS AND WARRANTIES. To induce PURCHASER to enter into this Agreement, SELLER makes the following representations, all of which,to the best of its knowledge, in all material respects and except as otherwise provided in this Agreement (i) are now true, and (ii) shall be true as of the date of the Closing unless SELLER receives information to the contrary, and (iii) shall survive the Closing. In that event, PURCHASER shall be provided immediate notice as to the change to the following representations: 11.1 At all times from the Effective Date until prior to Closing, SELLER shall keep the Property (whether before or after the date of Closing) free and clear of any mechanic's or materialmen's liens for work or materials furnished to or contracted for, by or on behalf of SELLER prior to the Closing, and SELLER shall indemnify, defend and hold PURCHASER harmless from and against all expense and liability in connection therewith (including, without limitation, court costs and reasonable attorney's fees). 11.2 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion)the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Property. 11.3 SELLER has full power and authority to enter into this Agreement and to assume and perform its obligations hereunder in this Agreement. SELLER does not and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge, or encumbrance upon any of the Property or assets of the SELLER by reason of the terms of any contract, mortgage, lien, lease, agreement, 00935063-1 Purchase and Sale Agreement Page 8 of 15 indenture, instrument or judgment to which the SELLER is a party of which is or purports to be binding upon the SELLER or which affects the SELLER; no action by any federal, state or municipal or other governmental department, commission, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon the SELLER in accordance with its terms. 11.4 SELLER represents that SELLER will not, between the date of this Agreement and the Closing, without PURCHASER'S prior written consent, which consent shall not be unreasonably withheld or delayed, except in the ordinary course of business, create any encumbrances on the Property. For purposes of this provision the term "encumbrances" shall mean any liens, claims, options, or other encumbrances, encroachments, rights-of-way, leases, easements, covenants, conditions or restrictions. Additionally, SELLER represents that SELLER will not, between the date of this Agreement, and the Closing take any action to terminate or materially, amend or alter any existing leases presently in existence, without the prior consent of PURCHASER, which consent shall not be unreasonably withheld or delayed. 11.5 SELLER represents that there are no parties other than SELLER in possession of the Property or any portion of the Property as a lessee. 11.6 SELLER shall not list or offer the Property for sale or solicit or negotiate offers to purchase the Property while this Agreement is in effect. SELLER shall use its best efforts to maintain the Property in its present condition so as to ensure that it shall remain substantially in the same condition from the conclusion of the Feasibility Period to the Closing Date. 11.7 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Property. 11.8 SELLER represents that it has no actual knowledge nor has it received any notice that the Property has been, is presently or is contemplated to be utilized as a reservoir of hazardous material. As used herein, the term "Hazardous Material" shall mean any substance, water or material which has been determined by any state, federal or local government authority to be capable of posing a risk of injury to health, safety and property, including, but not limited to, all of those materials,wastes and substances designated as hazardous or toxic by the U.S. Environmental Protection Agency, the U.S. Department of Labor, the U.S. Department of Transportation, and/or any other state or local governmental agency now or hereafter authorized to regulate materials and substances in the environment (collectively "Governmental Authority(ies)"). 00935063-1 Purchase and Sale Agreement Page 9 of 15 11.9 SELLER represents to PURCHASER that the Property is not subject to any deed restrictions or declaration of restrictions running with the Property which would affect the use of the Property except those constituting Permitted Exceptions as defined above. 11.10 Between the date of this Agreement and the date of closing, SELLER will not file any application for a change of the present zoning classification of the Property. 11.11 Authority. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER'S capacity and all requisite action has been taken to make this Agreement valid and binding on SELLER in accordance with its terms. The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 11.12 Title. SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). 11.13 Additional Warranties and Representations of SELLER. As a material inducement to PURCHASER entering into this Agreement, SELLER, to the best of SELLER'S information and belief, hereby represents and warrants the following: 11.13.1 There are no pending applications, permits, petitions, contracts, approvals, or other proceedings with any governmental or quasi-governmental authority, including but not limited to, PURCHASER, municipalities, counties, districts, utilities, and/or federal or state agencies, concerning the use or operation of, or title to the Property or any portion thereof and SELLER has not granted or is not obligated to grant any interest in the Property to any of the foregoing entities. 11.13.2 There are no facts believed by SELLER to be material to the use, condition and operation of the Property in the manner that it has been used or operated,which it has not disclosed to PURCHASER herein, including but not limited to unrecorded instruments or defects in the condition of the Property which will impair the use or operation of the Property in any manner. 11.13.3 To the best of SELLER'S knowledge, the Property and the use and operation thereof are in compliance with all applicable county and governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 00935063-1 Purchase and Sale Agreement Page 10 of 15 12. DEFAULT. 12.1. PURCHASER's Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of PURCHASER, subject to the provisions of Paragraph 12.3 below, the Deposit actually then being held by the Escrow Agent shall be paid by Escrow Agent to SELLER as agreed liquidated damages and, thereafter, neither PURCHASER nor SELLER shall have any further obligation or liabilities under this Agreement,except for those expressly provided to survive the termination of this Agreement; provided, however, that PURCHASER shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under PURCHASER, but not otherwise. PURCHASER and SELLER acknowledge that if PURCHASER defaults, SELLER will suffer damages in an amount which cannot be ascertained with reasonable certainty on the Effective Date and that the amount of the Deposit being held by Escrow Agent most closely approximates the amount necessary to compensate SELLER. PURCHASER and SELLER agree that this is a bona fide liquidated damages provision and not a penalty or forfeiture provision. 12.2. Seller's Default. In the event that SELLER shall fail to fully and timely perform any of its obligations or covenants hereunder or if any of SELLER'S representations are untrue or inaccurate, then, notwithstanding anything to the contrary contained in this Agreement, PURCHASER may, at its option: (1) declare SELLER in default under this Agreement by notice delivered to SELLER, in which event PURCHASER may terminate this Agreement and demand that the Deposit be returned, including all interest thereon if any, in accordance with Section 3 and neither Party shall have any further rights hereunder, or (2) seek specific performance of this Agreement, waiving any action for damages. 12.3. Notice of Default. Prior to declaring a default and exercising the remedies described herein, the non-defaulting Party shall issue a notice of default to the defaulting Party describing the event or condition of default in sufficient detail to enable a reasonable person to determine the action necessary to cure the default. The defaulting Party shall have fifteen (15) days from delivery of the notice during which to cure the default, provided, however, that as to a failure to close, the cure period shall only be three (3) business days from the delivery of notice. Both parties agree that if an extension is requested, such extension shall not be unreasonably withheld. If the default has not been cured within the aforesaid period,the non-defaulting Party may exercise the remedies described above. 12.4. Survival. The provisions of this section shall survive the termination of this Agreement. 13. NOTICES. All notices required in this Agreement must be in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal delivery to the following addresses: 00935063-1 Purchase and Sale Agreement Page 11 of 15 If to Seller: Larry Finkelstein, Manager Larann, LLC P.O. Box 362042 Melbourne, FL 32936-2042 If to Purchaser: Michael Simon, Executive Director Boynton Beach Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL33435 With a copy to: Kenneth Dodge Lewis, Longman & Walker, PA 515 North Flagler Drive Suite 1500 West Palm Beach, FL 33401 14. BINDING OBLIGATION/ASSIGNMENT. The terms and conditions of this Agreement are hereby made binding on, and shall inure to the benefit of the successors and permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement without the prior written consent of PURCHASER, which shall not be unreasonably withheld. PURCHASER shall have the right to assign this Agreement to the City of Boynton Beach (the "City") without the prior consent of SELLER and the PURCHASER shall be released from any further obligations and liabilities under this Agreement. The PURCHASER may not assign this Agreement to any other party without the prior written approval of SELLER, which shall not unreasonably withheld. If PURCHASER has been dissolved as an entity while this Agreement and/or the attached Lease Agreement are in effect,the provisions of section 163.357(1), Florida Statutes, (as it may be amended from time to time), shall apply. 15. BROKER FEES. The SELLER and PURCHASER hereby state that they have not dealt with a real estate broker in connection with the transaction contemplated by this Agreement and are not liable for a sales commission. SELLER shall indemnify, defend and hold harmless the PURCHASER from and against any and all claims, losses, damages, costs or expenses (including, without limitation, attorney's fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by SELLER on its behalf with any broker or finder in connection with this Agreement. PURCHASER shall indemnify, defend and hold harmless the SELLER from and against any and all claims, losses, damages, costs or expenses (including, without limitation, attorney's fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by PURCHASER on its behalf with any broker or finder in connection with this Agreement. The provisions of this Section shall survive Closing or termination of this Agreement. 00935063-1 Purchase and Sale Agreement Page 12 of 15 16. ENVIRONMENTAL CONDITIONS. 16.1. For purposes of this Agreement, pollutant ("Pollutant") shall mean any hazardous or toxic substance, material, or waste of any kind or any contaminant, pollutant, petroleum, petroleum product or petroleum by-product as defined or regulated by environmental laws. Disposal ("Disposal") shall mean the release, storage, use, handling, discharge, or disposal of such Pollutants. Environmental laws ("Environmental Laws") shall mean any applicable federal, state, or local laws, statutes, ordinances, rules, regulations or other governmental restrictions. 16.1.1 As a material inducement to PURCHASER entering into this Agreement, SELLER hereby warrants and represents the following, as applicable: (1) That SELLER and occupants of the Property have obtained and are in full compliance with any and all permits regarding the Disposal of Pollutants on the Property or contiguous property owned by SELLER,to the best of SELLER'S knowledge. (2) SELLER is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices which may give rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant on the Property. SELLER is not aware nor does it have any notice of any past, present or future events, conditions, activities or practices on contiguous property that is owned by SELLER which may give rise to any liability or form a basis for any claim, demand, cost or action relating to the Disposal of any Pollutant affecting the SELLER'S property. (3) There is no civil, criminal or administrative action, suit, claim, demand, investigation or notice of violation pending or, to the best of that entity's knowledge, threatened against SELLER or the Property relating in any way to the Disposal of Pollutants on the Property, any portion thereof, or on any contiguous property owned by SELLER. 17. PUBLIC RECORDS. PURCHASER is a public agency subject to Chapter 119, Florida Statutes. The SELLER is hereby notified that the PURCHASER is required by law, pursuant to Chapter 119, to maintain and disclose upon request all records deemed public under the statute including this Agreement and some or all of the documents necessary to consummate the transaction set forth herein. To the extent that any litigation should be instituted by SELLER, either directly or as a third party, to prevent or prohibit PURCHASER from disclosing or providing documents involving this Agreement or the transaction set forth in the Agreement pursuant to a public records request submitted under Chapter 119, SELLER agrees that PURCHASER may either: 1) defend the claim up to and including final judgment, or 2) interplead the challenged documents into the court. 00935063-t Purchase and Sale Agreement Page 13 of 15 18. MISCELLANEOUS. 18.1. General. This Agreement, and any amendment hereto, may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall, together, constitute one and the same instrument. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Agreement. Reference to a Section shall be deemed to be a reference to the entire Section, unless otherwise specified. No modification or amendment of this Agreement shall be of any force or effect unless in writing executed by the Parties. This Agreement sets forth the entire agreement between the Parties relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida, or, should any cause of action be limited to federal jurisdiction only, in the United States District Court for the Southern District of Florida. 18.2. Computation of Time. Any reference herein to time periods which are not measured in business days and which are less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof. Any time period provided for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full business day. Time is of the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective Date in the calculation thereof. 18.3. Waiver. Neither the failure of a party to insist upon a strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with knowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination of this Agreement and the Closing. 18.4. Construction of Agreement. The Parties to this Agreement, through counsel, have participated freely in the negotiation and preparation hereof. Neither this Agreement nor any amendment hereto shall be more strictly construed against any of the Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the feminine, the singular shall include the plural, and the plural shall include the singular, as the context may require. Provisions of this Agreement that expressly provide that they survive the Closing shall not merge into the Deed. 18.5. Severability. If any provision of this Agreement or the application thereof 00935063-1 Purchase and Sale Agreement Page 14 of 15 shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. The provisions of this Section shall apply to any amendment of this Agreement. 18.6 Handwritten Provisions. Handwritten provisions inserted in this Agreement and initialed by PURCHASER and SELLER shall control all printed provisions in conflict therewith. 18.7 Waiver of Jury Trial. As an inducement to PURCHASER agreeing to enter into this Agreement, PURCHASER and SELLER hereby waive trial by jury in any action or proceeding brought by either party against the other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. 18.8. Attorneys Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to the prevailing party. 18.9 Binding Authority. Each party hereby represents and warrants to the other that each person executing this Agreement on behalf of the PURCHASER and SELLER has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 18.10 Recording. This Agreement may be recorded in the Public Records of Palm Beach County, Florida. 18.11 Survival. The covenants, warranties, representations, indemnities and undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording of the SELLER'S Property Deed and PURCHASER's possession of the Property. 18.12 SELLER Attorneys' Fees and Costs. SELLER acknowledges and agrees that SELLER shall be responsible for its own attorneys' fees and all costs, if any, incurred by SELLER in connection with the transaction contemplated by this Agreement. SIGNATURES ON FOLLOWING PAGE 00935063-1 Purchase and Sale Agreement Page 15 of 15 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. PURCHASER: SELLER: BOYNTON BEACH COMMUNITY LARANN, LLC REDEVELOPMENT AGENCY Printed Name: Steven B.Grant Printed Name: Larry Finkelstein Title: Chair Title: q Date: Date: wa WITNESS: �WITNE S: s" Printed Name: t1tedName&11Ltk. WITNESS: (WITNESS: Printed Name: Printed Name: ; r „• ( f , ESCROW AGENT Lewis, Longman &Walker, P.A. Printed Name: Date: 00935063-t ADDENDUM TO CONTRACT THIS ADDENDUM TO CONTRACT is attached to and made a part of that certain Purchase and Sale Agreement of even date herewith (the "Agreement") by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes ("PURCHASER") and LARANN, LLC, a Florida limited liability company ("SELLER") for the purchase and sale of: LOT 170,ARDEN PARK ADDITION TO BOYNTON BEACH,ACCORDING TO THE PLAT THEREOF, ON FILE WITH THE CLERK OF THE CIRCUIT COURT, IN AND FOR PALM BEACH COUNTY, FLORIDA, PLAT BOOK 2, PAGE 96. Parcel Control Number: 08-43-45-21-18-000-1700 Property Address: NE 11th Ave, Boynton Beach, FL 33435 and together with; MEEKS&ANDREWS ADD UNMBRD LT E OF LT 1 BLK 4, ACCORDING TO THE PLAT THEREOF, ON FILE WITH THE CLERK OF THE CIRCUIT COURT, IN AND FOR PALM BEACH COUNTY, FLORIDA, OR BOOK 25652, PAGE 1238. Parcel Control Number:08-43-45-21-22-004-0110 Property Address: 211 NE 9th Avenue, Boynton Beach, FL 33435 In the event of any conflict or inconsistency between the terms and provisions of the Agreement and this Addendum to the Agreement (the "Addendum"), the terms and provisions of this Addendum shall be construed to control and prevail. Capitalized terms appearing in this Addendum shall have the same meaning as said terms are given within the Agreement. The Agreement and this Addendum are hereinafter sometimes collectively referred to as the "Agreement". The parties further agree as follows: PURCHASERis aware that SELLER acquired the property which is the subject of this transaction by way of Quit Claim Deed, and, as a result, SELLER's knowledge of the condition of the property is limited and that SELLER is selling and PURCHASER is buying the property in its present "AS IS" CONDITION WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE. PURCHASER INSPECTION -This agreement is conditioned upon PURCHASER's personal approval of an inspection of the Property and the improvements on the Property, if any. PURCHASER's inspection may include, at PURCHASER's option, the site boundaries, geological condition, structural, mechanical, electrical and general condition of the improvements to the Property, an inspection of the Property for the possible presence of hazardous materials, a pest Inspection, and a soils/stability inspection. All inspections are to be (a) ordered by PURCHASER, (b) performed by an inspector of PURCHASER's choice, and (c) completed at PURCHASER's expense. PURCHASER shall not alter the Property or any improvements on the Property without first obtaining SELLER's permission. PURCHASER is solely responsible for interviewing and selecting all inspectors. PURCHASER shall restore the Property and all Improvements on the Property to the same condition they were in prior to the inspection. PURCHASER shall be responsible for all damages resulting from any inspection of the Property performed on PURCHASER's behalf. Further, the closing of this transaction shall constitute as an acknowledgement by the PURCHASER(s)that the Property and premises were accepted without representation or warranty of any kind or nature by the SELLER. AUTOMATIC WAIVER IF PURCHASER DOES NOT DISAPPROVE INSPECTION. This inspection contingency SHALL CONCLUSIVELY BE DEEMED SATISFIED (WAIVED) unless PURCHASER gives written notice of disapproval of the inspections within 10 days after The Effective Date of the Agreement. PURCHASER may disapprove the inspection for any reason in PURCHASER's sole discretion. If PURCHASER gives a timely notice of disapproval, then this Agreement shall terminate and the earnest money shall be refunded to the PURCHASER. PURCHASER: SELLER: BOYNTON BEACH LARANN, LLC COMMUNITYREDEVELOPMENT AGENCY Printed Name: Steven B. Grant 'Priiteame: Larry Finkelstein Title: Chair Title: Date: Date: 5 ` WITNESS: WITNF P` Printed Name: Printed Name: WITNESS: WITNESS: 4 2,1 Printed Name: Printed Name: ' li fs t t 'k [OYNBN �r � � Y11 RA ADVISORY BOARD ITEM B.2. CRA BOARD MEETING OF: April 10, 2018 NEW BUSINESS CRA BOARD AGENDA ITEM: XIV.B. SUBJECT: Consideration of Funding of Intersection Improvements Associated with Florida Department of Transportation US 1/Federal Highway Project SUMMARY: On August 8, 2017, as part of the FY 2017-18 Budget discussion, the CRA Board discussed the funding of enhancements for US 1/Federal Highway as part of the FDOT roadway resurfacing plans. These improvements would include more cosmetic items to increase pedestrian safety and/or bike lanes at the larger or more prominent intersections within the corridor that will not be funded by FDOT. The Board did not identify a line item in the FY 2017-18 Budget for these intersection improvements since reallocation of funds is possible after City and CRA staff coordinates with FDOT on feasibility and costs (Attachment 1). On March 15, 2018, City and CRA staff participated in a conference call with representatives from FDOT to discuss the proposed intersection improvements for Woolbright Road, Ocean Avenue, and Boynton Beach Boulevard. These will include patterned pavement on the crosswalks with the City's logo in the middle of the intersections as well as enhanced pedestrian crosswalks and bicycle Ianes(Attachment 11, 111 & IV). The cost estimates provided indicate a total cost of$169,78, including a 20% contingency, for the three intersections at an average cost of $57,000 per intersection (Attachment V). If the project is supported by the CRA Board, staff would like to recommend adding the MLKJr. Boulevard/NE 10th Avenue intersection as a fourth location bringing the project's estimated funding total to $230,000. In addition to the four intersections described above, City staff is suggesting that the CRA consider funding the three intersections at: 1) Gateway Boulevard; 2) SE 23rd Avenue/Golf Road; and 3) SE 36th Avenue/Gulfstream Boulevard for a total of seven (7) intersections and a total project cost not to exceed $400,000. The approval and funding commitment to FDOT from the City is required by April 11, 2018 with payment to be received in November through a local funding agreement between the City and FDOT for installation anticipated in February 2019. An Interlocal Agreement between the City and CRA will be required to be approved by the CRA Board for reimbursement to the City for the cost of the improvements. FISCAL IMPACT: To fund $230,000 for four (4) CRA staff recommended intersections from the FY 2017-2018 Project Fund: Reallocate $125,000 from the E. Boynton Beach Boulevard Parking Project line item; $33,500 from the Housing Rehab Project line item; and a total of $71,500 from the Housing Rehabilitation, Property Acquisition and Survey&Appraisals line items. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan, Heart of Boynton, Federal Highway and Downtown Districts CRAAB RECOMMENDATION: 1. Recommend approval of funding intersection improvements associated with the FDOT US 1/Federal Highway corridor improvements at the intersections of Woolbright Road, Ocean Avenue, Boynton Beach Boulevard, and MLK Jr. Boulevard/NE 10th Avenue for an amount not to exceed $230,000 dollars. 2. Do not recommend approval of funding intersection improvements associated with the FDOT US 1/Federal Highway corridor improvements at the intersections of Woolbright Road, Ocean Avenue, Boynton Beach Boulevard, and M L K Jr. Boulevard/NE 10th Avenue for an amount not to exceed $230,000 dollars. 3. Recommend an alternative after further discussion. CRA BOARD OPTIONS: To be determined ATTACHMENTS: Description D Attachment I - Excerpts of Minutes of the August 8, 2017 CRA Board Meeting D Attachment II - March 15, 2018 FDOT Conference Call Notes D Attachment III -Conceptual logo design for intersections D Attachment IV - Intersection Location Map D Attachment V -Cost Estimates for Woolbright Road, Ocean Avenue, and Boynton Beach Boulevard Intersections Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 8, 2017 Mr. Simon noted staff identified by line item which part of the CRA plan was being addressed. Sara Sims Park improvements had $600,000 allocated which was part of the HOB Plan to match the City's $700,000 commitment to the Park. The Town Square was for the Cultural District. Chair Grant noted there has not been redevelopment on MLK since he moved and he was aware the Ocean Breeze East project was close to MILK. He supported getting the Ocean Breeze East project in motion if it took an extra million dollars and wanted the Board to consider it because it is the same District. He was fine with keeping the funding in the MLK Corridor redevelopment and getting ideas for the street. He favored lights wrapped around the poles to add some panache to MLK. Mr. Simon explained this item was addressed by the CRA Advisory Board who recommended, if considering some type of site redevelopment assistance grant or redevelopment project with the Community Caring Center, the MLK Corridor Redevelopment or the Acquisition line items be used. The Model Block project was a roll over from the current budget of$360,670 to continue the replat, road work and site development for the Model Block project. There will be a connection from Seacrest to NW 1st Street on NW 11th Avenue. Mr. Simon explained by the end of this fiscal year, there will be a physical change on the roadway. It was coordinating with FPL underground lines and cable providers. The CRA will create more lots. The E. Boynton Beach Boulevard improvement extension was ongoing. Staff was working with the City to reconfigure the existing parallel parking spaces on the north side of the Boynton Beach Boulevard extension entering the Marina area and providing new spaces in the roundabout where there currently are none. There was $125,000 budgeted. With the estimate from Kimley Horn and with the City's match, there may be an overage. The City budgeted $75,000 and the CRA budgeted $125,000. Staff will keep the Board apprised of the construction cost to ascertain if the Board still supports providing additional parking, realigning of the landscape bed and the lighting. Chair Grant opposed the item noting last year, Marina Village got $900,000 for the beautification of the Marina space. He thought the $125,000 should go to road improvements, but there are many pending improvements on Federal Highway with the FDOT roadway resurfacing plans. He thought the Board should wait a year or two because more than 50 new spaces would be created by Ocean One. He commented the company that originally constructed Boynton Beach Boulevard did a poor job and there was leaking irrigation. He did not mind if the funds would be used elsewhere to make a better impact in the CRA. Mr. Simon agreed regarding the FDOT improvement project, which was also supported and recommended from the CRA Advisory Board. The Board did not identify a line item, but recommended the Board consider finding funding to enhance that project. Staff could identify those items if the Board wanted to allocate funds and would speak with the Treasure Coast Regional Planning Council, the Metropolitan Planning Organization, and FDOT to see how they could work together to 11 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 8, 2017 improve the project or add items FDOT does not have available funding. He noted improvements could be cosmetic, include better identification of pedestrian safety at larger intersections, bike paths or others. Mr. McCray did not want anyone to tell the MPO the CRA has money for the project. There was agreement to keep the funds in the line item. If the Board wanted to reallocate, the City would still make improvements regarding the raised planter beds regardless of any CRA assistance to add parking in the roundabout. The funds could be used as a placeholder, but staff would not want to bid the project if the Board wanted to use the funds for FDOT. It will take some time to get with the FDOT so a decision did not have to be made. The property acquisition line item had $766,000 to roll forward. Last year, the line item had $1.5 million. About $800,000 was spent. Mr. Simon would forward a list of what was acquired to the members. The Cottage District project funds would roll over for site information and potential design work of$70,000. The Special Events line item had no change and had $578,000 allocated. Mr. McCray asked about the Special Events/Community Grants funds and if the grants were reimbursable. Mr. Simon explained this year, the Board and the CRA Advisory Board did not support traditional special event grants to non-profits or for-profit organizations to hold neighborhood or other types of special events that met a list of criteria the Board had provided. With the grant applications that have come before the Board, there was a desire for economic development and special events that would be a catalyst for existing businesses, and it was evolved into a community building grant. The Board wanted to stay with more direct cause and effect types of grants, and it is a category the State reviews with a more critical eye. TheWoman's Club renovation was $200,000 for repairs to the existing building. There are some renovtions'tt are pressing and need to be done this year such as flooring improvements and refinishing. It was noted the CRA will apply for grant funds. The Economic Development Grant programs were allocated $519,000 including the funding allocated for the social media outreach program. Staff had indicated the grant application guidelines would be reviewed by the Board next month, and they will tweak the grants based on the Board's recommendation to spread funding out. Mr. Simon advised all the funds in the line item are spent every year. The Professional Services line item covered site demolition, legal costs, and architectural services. Some funds in this line item could be reallocated later in the year. 1 pop—, P/ k'o, Phone Coordination Meeting . / FN ,® SR 5/US I/Federal Highway MEETING MINUTES TO: Thuc Le,PE—FDOT D4,Mike Simon,PE—City of Boynton Beach, Gary Dunmyer,PE—City of Boynton Beach,Sergio Quevedo,PE-JMT,Dan Dan Zhao,PE-JMT DATE: March 19,2018. FROM: Maverick Marshall,PE CC: PROJECT: SR-5 3R FPID 437834-1 17450 N of George Bush Blvd. to C-16 Canal. JMT 16-1344-001 RE: Phone Coordination Meeting with City of Boynton Beach A phone meeting for the above-referenced project was held on March 15, 2018 at 9:30 AM. The following summarizes the issues discussed. Patterned Pavement 1. City representatives expressed their concern regarding the 20%contingency fee that was included in the cost proposal. FDOT representative commented that any un-used funds would be returned to the City upon construction completion. 2. City representatives commented that they prefer the patterned pavement on the crosswalks with the logo in the middle of the intersections. 3. City representatives also expressed their interest of adding Woolbright Rd. to the list of intersections to receive patterned pavement features. City representatives requested a cost proposal for Woolbright Rd. 4. City representatives noted the following meeting dates where the proposal could be presented to City Commissioner's:March 20,2018 and Boynton Beach CRA Board meeting: April 10,2018. 5. City staff will present the concepts and costs at the meeting. Once the City staff receives the approval, the team will then move forward with the local funding agreement. FDOT will receive a final decision from the City representatives around April 11,2018. Crosswalk Enhancements 6. City representatives expressed interest in installing enhanced lighting of the cross walks (lighting embedded in pavement) for the intersections at E. Ocean Ave. and E. Boynton Beach Blvd. as an added safety feature. 7. FDOT representative and JMT designer commented that these features are usually installed at mid- block crossings and are not normally installed at signalized intersections. 8. JMT designer commented that per current FDOT standards, the signalized intersections on the project will receive lighting enhancements and high-emphasis crosswalks, and that embedded lighting is maintenance intensive. 9. City representatives accepted the FDOT proposed enhancements. There will be no further consideration of embedded lighting for the cross walks at E. Ocean Ave. and E. Boynton Beach Blvd. Parking Spaces (See attachment for locations) 10. JMT designer informed the City representatives that due to sight distance issues, several ADA ramps, handicap parking and regular parking spaces will be removed as it is a safety concern. 11. While it is not preferable to lose parking stalls, City representatives agreed with this approach. 12. JMT designer commented that there are ADA ramps in proximity to the ones proposed to be removed. Bus Stops/Parking Spaces SR-5 3R FPID 437834-1 17450 N of George Bush Blvd. to C-16 Canal. March 15,2018 Phone Coordination Meeting Page 2of2 13. JMT designer noted that there are locations where there are on-street parking spaces at the existing bus stops. It was recommended to shift the striping in order to provide a 5 ft path between the parking stalls from the bus stop to the bus location. 14. City staff accepted this proposal. 15. City representatives also expressed concerns for locations where the bus stops is immediately upstream of a signalized intersection. JMT designer confirmed that coordination was made with Palm Tran, and while Palm Tran is consolidating stop locations due to existing redundancy, two of the bus stops at E. Boynton Beach Blvd. could not be relocated due to existing bus shelters at these locations. 16. City staff acknowledged this condition. 17. City representatives inquired as to a midblock pedestrian crossing at SE 10f Ave. FDOT staff noted that this issue was discussed during a field meeting on Feb. 15, 2018 with City representatives. City staff noted and stated that they would provide pertinent statistics to the FDOT for further evaluation. These meeting minutes represent our understanding of the issues discussed. 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IIS/,_ a N ayd s LII II i _ it oN II NO � + �I II wQ III " '3AV H15 3N_ II II III� TURNS " Q Q � II III II VVI � i QQ � ;a �� IIII III II IIII � oa " X08 � � II lOI II � " III olll IIII � z I I " IIII � II � IIII l � u I°I I IIS 0 k� 4 =j4 ti i 7 f t 4 t - S i t f t s t �)i� t S7 i�ll1�{l11,�,': +�i�„rr t �4 +a• Su t . 'I �1 E �n !! Ir Iil� - ! � � t 0 0 V m d 0 z z d a 0 z d y 0 s ' o , m � P ul J a 4` ti t d E • 3 O— •V c i f c� .1J1fC:&4.i t ` f 10 rol o s E. BOYNTON BEACH BLVD./ US1 INTERSECTION PAYITEM DESCRIPTION JUNITS JOUANTITY JUNITCOST COST 523-1 PATTERNED PAVEMENT ISY 1 547 1 $ 90.00 $ 49,201 SUBTOTAL $ 49,201 CONSTRUCTION SUBTOTAL $ 49,201 20% LFA CONTINGENCY $ 9,840 TOTAL $ 59,041 E. OCEAN AVE./ US1 INTERSECTION PAYITEM DESCRIPTION JUNITS JOUANTITY JUNITCOST COST 523-1 PATTERNED PAVEMENT ISY 1 512 $ 90.00 $ 46,119 SUBTOTAL $ 46,119 CONSTRUCTION SUBTOTAL $ 46,119 20% LFA CONTINGENCY $ 9,224 TOTAL $ 55,342 E.WOOLBRIGHT RD./ US1 INTERSECTION PAYITEM DESCRIPTION JUNITS JOUANTITY JUNITCOST COST 523-1 PATTERNED PAVEMENT ISY 1 513 $ 90.00 $ 46,165 SUBTOTAL $ 46,165 CONSTRUCTION SUBTOTAL $ 46,165 20% LFA CONTINGENCY $ 9,233 TOTAL $ 55,398 $ 169,781 t 'k [OYNBN �r � � Y11 RA ADVISORY BOARD ITEM B.3. CRA BOARD MEETING OF: April 10, 2018 NEW BUSINESS CRA BOARD AGENDA ITEM: XIV.C. SUBJECT: Discussion and Consideration of Lease Terms for the Property located at 201 NE 9th Avenue SUMMARY: The CRA recently purchased the property located at 201 NE 9th Avenue, Boynton Beach, FL 33435. The property is located within the E. MLK Jr. Boulevard corridor and MLK Jr. Multi-Family area as outlined in the 2016 CRA Redevelopment Plan - Heart of Boynton District and adjacent to several CRA owned parcels (Attachment 1). The property supports an existing residential rental duplex on the property which is currently occupied by two tenants whose leases terminate at the end of May 2018 and August 2018 (see Attachment 11). The details of the leases are listed below: • Ms. Juana McCloud lives in 201A and pays a monthly rent of $600. Ms. McCloud's lease expires on August 31, 2018 and the CRA is holding a $500 security deposit. • Ms. Derica Edwards lives in 201 B and pays a monthly rent of$700. Ms. Edwards' lease expires on May 30, 2018 and the CRA is holding a $700 security deposit. Legal notice has been provided to each tenant informing them that the CRA is the new property owner and lease holder. Since the original leases were not with the CRA, staff is requesting Board approval to work with legal counsel to extend the current lease term by 60 days, to a time/date certain through a lease agreement with the each of the tenants. FISCAL IMPACT: None. CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan - Heart of Boynton CRAAB RECOMMENDATION: 1. Recommend approval for staff to work with legal counsel to provide a 60-day extension through a lease agreement for each tenants for the property located at 201 NE 9th Avenue. 2. Do not recommend approval for staff to work with legal counsel to provide a 60-day extension through a lease agreement for each tenants for the property located at located at 201 N E 9th Avenue. CRA BOARD OPTIONS: To be determined. ATTACHMENTS: Description D Attachment I -2016 Boynton Beach Community Redevelopment Plan: Heart of Boynton District D Attachment II - Leases r a� 'BOYNTON"' oil 0 0 E AC ,; RA- 710 N. Federal Hi hw , Boynton Beach, IFI.. 33435 Interim Executive Ileac , Mi&hael Simon 561._600-9091 Website: www.catchboynton.com Email: simonm@_bbf1.us r 2016 Boynton Beach Il��ti Community Plan- Heart2' fr +l} (Pages 105 through 117 of the 2016 Boynton Beach Community Redevelopment Plea ) '# vN Introduction Planning Challenges Planning n rats n The Vision Recommendations 105 r U VUL� f or C. Stanley Weaver (C-Canal) canal to the north, I-95 to the west, N.E. 3rd Avenue to the south and the The Heart of Boynton District is a 380-acre FEC rail line to the east. The area is within walking neighborhood developed predominantly with distance of the Cultural and Downtown Districts. single-family homes. The neighborhood has several parks, two public schools and numerous A major arterial road—Seacrest Boulevard—runs churches. Unfortunately, it has been the victim through the neighborhood north/south. Martin Luther of disinvestment over the last 50 years. The two King, Jr. Boulevard, once lined with locally-owned Census blocks of Tract 61 which encompasses businesses, runs east/west. this District have the median household income of$20,848, the lowest in the City. There are two public elementary schools in the neighborhood, Poinciana and Galaxy. Both schools To counter the decline of the neighborhood, in 2001 are STEM schools (Science, Technology, Engineering the CRA and City adopted the Heart of Boynton and Math). Community Redevelopment Plan. The Plan was updated in 2014 to reflect the achievements of the There are a number of parks and special use areas original plan and add new projects to reflect the within the neighborhood, such as, Carolyn Sims � Community Center, Galaxy Park and Scrub and Sara 3�kf current market conditions. {{#f Sims Park. A number of recommendations of the original CRA Plan have been implemented, including: Gt1�} _`. The demolition of the Cherry Hill public housing project • The redevelopment of the Boynton Terrace �k site–Ocean Breeze West– into 21 single- family homes • Redevelopment of Wilson Park and into Carolyn Sims Community Center • Expansion of the Palmetto Greens Park • Redevelopment of Sara Sims Park – Master Plan created, property acquired • Streetscape Improvements on Seacrest Boulevard • Redevelopment of Martin Luther King, Jr. Boulevard – Property acquired and Family Dollar developed • Development of new housing – 60 new single family homes developed In partnership with nonprofits, the City and CRA. The Heart of Boynton District is bounded by the 106 f„} r„ ) Z,sy( t` 3 �,r , „ , S . 1 _� t ,.,, 7 ,,.,1 , t ,,, h(i r ll6,,,1 1\,r(11,}1,.1ts\1 i-,i, ,,1➢t V11r 1, ,, t€,,s r,. tr) ,}, „t t,1�7,.+\tl42ri�ah:,rs1 rt1 c}1r,\\)�1+sc.,v ,,,,;t#1# cvl,\,vb,tr\htV ,t} � ,,. r H% ! #i?,` .,;tt -` '� 1,,`py� � +��' M'i �. GEt R.,• �to �� '��}S t F=,, IV Ave. 1Y �trs MLK,JrBlvd' t "s ' 1 It is��)a 1�z�,� �, ?•� � r � 1, 4SN4r CMN 6th Ave 7 �� m r l� a r> r- i,� �rsn{� {�Jm` ro ;�� ) � a „� I'u,` �k ter �• � „" Ilk � r�'r=�; s� NE 3rdrA►ve. Grp?11it' r 1i } <�. 2 V111�{r7r�tt)irs s rp t o � �t4rlt�1}�i,., t,��t itVr v t } 1y} h k,l�rlt�f• nt � slt�tt �Jt11� �, � � �riia 'n ,,, tti� �� ' s it� {'�''�� A'�'' � vt�� ➢i � � t ` BO)/tl-iot Be1ChBIV d PlanningChallenye The Heart of Boynton area suffers from an aging the neighborhood; clearly, the road is not presently and poorly maintained housing stock. The CRA designed at a neighborhood scale. and City, in partnership with local non-profits, continue to develop single-family homes, but Both Seacrest Boulevard and Martin Luther King, Jr. there is a need for quality affordable multi-family Boulevard have older, ill-maintained power poles with rental housing. The problem is that—given low overhead utilities, causing a "visual blight." median household incomes—it cost more to build even modest apartments than many of the families can afford. This gap will has to be filled through some form of a subsidy. l Another major deterrent to private investment is the visible blight and crime. There are still a number of small convenience stores that allow loitering and illegal activities for all to see, �, << u'{ discouraging people to buy homes or invest in businesses within the area. t£ The District is comprised of small parcels platted in the 1920's 1930's, during Florida's land Figure 58: Example of District Planning Challenges boom. The parcels are owned by many different G� people making assembly of a developable site Jk very difficult and expensive. Moreover, many owners have an unrealistic sense of the value of their property. Over the years, the neighborhood has lost most of their retailers and service providers. There is no full service grocery store and only one take- out restaurant. The majority of commercial use is represented by convenience stores. A new Family Dollar store at the corner of Martin Luther King, Jr. Boulevard and Seacrest Boulevard has been a welcome addition, but there is a need for more retail services. The neighborhood is bifurcated by a four- lane Seacrest Boulevard, which has only one signalized pedestrian crossing even though there are two elementary schools in the neighborhood. The width of the road and drive aisles encourage speeding through 108 Plann n Cons d tons Several factors were considered in determining the Historic District. There are a significant number of land use designations for the Heart of Boynton District. historic cottages located along both sides of NE A future commuter rail station for the planned Tri- 3rd Avenue and the south side of NE 4th Avenue Rail Coastal Link service, which will serve the South between N. Seacrest Boulevard and NE 1st Street. Florida metropolitan region, is planned for downtown at In order to protect these cottages while allowing N.E. 4th between Ocean Avenue and Boynton Beach commercial redevelopment of the south side of NE Boulevard. To improve land development patterns 3rd Avenue, the Plan recommends that: in advance of station development, the City adopted a Downtown Transit Oriented Development District . The historic cottages from the south side of (DTOD), covering a '/2 mile radius around the station's NE 3rd Avenue be relocated to the vacant location, including a portion of the Heart of Boynton.The lots on the north side of NE 3rd Avenue. DTOD district regulations support increased intensity of development through a 25% density bonus. . On completion of the relocations, a historic district, tentatively called Shepard Funk A second consideration is the Transportation Addition Historic Cottage District, be created Concurrency Exception Area (TCEA) which, in addition within the block enclosed by N. Seacrest to the residential exception area applicable east of I-95, Boulevard, NE 1st Street, NE 3rd Avenue, exempts all development from the Palm Beach County and NE 4th Avenue. tr{ traffic concurrency requirements thus allowing denser development. 1;, t1S;< The Plan recommends increasing density within , the area where the TCEA and TOD designations overlap. However, because this District is a low- scale neighborhood, no increase in height over 45' is recommended. Rd 4 F t 4! ! K 1 X n f E t 4� { m W "F7 . rs e 5 vemwckw .Yinµ i' If. Figure 59: Historically significant cottages in the HOB 109 Vision The Heart of Boynton area will become a model neighborhood, with its unique character and history preserved. The vision includes enriching the original vernacular architecture of the neighborhood, investing in housing and commercial uses, and connecting both through the pedestrian and vehicular networks. Recor men "honsR 'tr°eetsc Streetscape enhancements are recommended for the Seacrest Blvd and Martin Luther King Jr. Blvd. The space for these enhancements may be obtained through either right-of-way dedications or public easements. The enhancements should include: • Implement a Complete Streets program for Seacrest Boulevard and ML K Jr. Boulevard to accommodate bike lanes and bike racks, widening of sidewalks, decorative street lights, street furniture, and on-street parking. • Marking of major intersections with materials such as pavers, paint, etc. • Enhanced median landscaping Bus shelters (will be required as part of new construction) Additional signalized pedestrian crossings (including mid-block) along Seacrest BoulevardAddition of canopy street trees GkI- t Creation of a Pedestrian Zone inviting,that is acent to the adjright-of-waysg, safe and includes: 1,'tt • Minimum 8' wide clear sidewalk 1, Decorative light poles at both the vehicular and pedestrian scales _<< Require installation of canopy trees that provide immediate shading at time of construction Undergrounding of overhead utilities • Creation of a greenway to connect the greenway proposed along NW 1 st Avenue, Sara Sims Park, and Wilson Park per the Connectivity Plan • Creation of an eco-trail to connect the existing scrub and linear parks per the Connectivity Plan 110 w a „ 1 + A + r � 4 ��t a'i JA�m ,, ��p ,..i +� sib• fir^.` r _�..a, - �` `' � ' �nE$'_ �+ :. ice.= a .,F,a �, ,s+��f,., � +�� ,a 6��i- 1�S Figure 60: Seacrest Blvd Streetscape Area Figure 61: MLK JR. Blvd. Streetscape Area 1! 45'Max. RES. WOW RES. �. . RAS, gip � 1 InG.I+.. $ U a Figure 62: MLK JR. Blvd. Street Section III R cor r or d -ions: Land s The existing land use designations within the Heart of Boynton District are: • Low Density Residential — 5 units per acre (all of this land use designation is concentrated on the west side of Seacrest Boulevard. • Medium Density Residential — 10 units per acre (this land use designation is concentrated on the east side of Seacrest Boulevard) • High Density Residential — 11 units per acre (currently over the Ocean Breeze West development and along W. Seacrest from N.W. 8th to N.W. 9th) • Mixed-Use — 40 units per acre (this land use designation is placed on the CRA-owned Ocean Breeze East block and on CRA-owned property along MLK, Jr. Boulevard) • Local Retail Commercial, General Commercial, Industrial, Recreational, and Public & Private Governmental/Institutional Below is a table of the proposed land use and zoning designations that will apply within the Federal Highway Corridor District: Table 7: Recommended Future Land Use (FLU)Classifications within the Heart of Boynton District Gt1�; DENSITY MAX LAND USE DENSITY CORRESPONDING ZONING CAP HEIGHT `s Mixed Uwe 50 MU-2, MU-3 50 75' t! Medium* " Mixed-Use Lbw 20 MU-'I 20 45` High Density Residential 15 R4,I'PUD 15 45' Medium Density Residential II R3 I'PUD 11 45' Low Density 75 R-'I-AAA, R-'I-AAB, R-I-AA,R-'I-A,R-1, Residential PUD 7.5 45' Local Retail Wa C-2, C-3, PCD Commercial n1a 4 ' General nla C-4 Commercial n1a 45' Industrial n1a M-'I n1a 45' PPGIrVa Public Usage Wa 45' Recreation Wa Recreation n1a 45' *Properties located within the TOD may recieve a 25%density bonus 112 Figure 63: Recommended Land Use for the Heart of Boynton District rt f} e 1) \t s 4 r , ( s r. f.z ti I ,tt r p 0 LEGEND ��i(�f�4ndustrial(I) .Law Density Res dent'.1(LDR)5 d.f.. Medium Density Residential(MDR)11 duJaC High Uensity R-6-NA(HURH 5 dWac Special High 17ensity Res0e0a1 iSHDR)20dutac In511tue1'ional(PPGI) Local Retail Commc+rcial(LRC) Gaieeral Commercial(GC) �r ..............Mixed Use Low(MDL)20 duf3c Mixed Use Medium(MUM)50 dufac Mixed Use High(MUH)00 dw`ac TOD 113 Recommendations: Urban Desi n • There are three architectural styles of historic structures in the Heart of Boynton: Mission, Frame Vernacular, and Mediterranean Revival. When building in this District, new development shall attempt to utilize one of these architectural styles. • A Historic Cottage District should be considered adjacent to the proposed Cottage District; where feasible, historically contributing cottages in the area shall be relocated in the Historic Cottage District. • Commercial buildings fronting MLK Jr., Boulevard and/or Seacrest Boulevard shall maximize the amount of glazing. • Residential buildings fronting MLK Jr., Boulevard and/or Seacrest Boulevard shall be designed to have pedestrian access from the main road and have front door facing the main road. • All buildings along MLK Jr., Boulevard and/or Seacrest Boulevard shall be set back to allow for a pedestrian zone. • Approximately 75%of the lot frontage must be occupied by structure and be adjacent to the pedestrian zone. • Buildings fronting MLK Jr., Boulevard shall be a maximum of two story and stepped back to continue I+ to the maximum allowed height in the designated Zoning District. g g g Parking shall be located to the rear or side of the buildings Curb cuts shall be permitted on Boynton Beach Blvd only when access is not possible from the rear lx} or side. • When adjacent to commercial uses, single-family areas shall be protected through the use of landscape buffers and/or walls as appropriate. Figure 64: Heart of Boynton Projects w MLK r s t Commercial 4 � Multifamily Model Block — Sara Sims ark— , can Breeze u East � 1 Cottage istrict—Pr sed Historic . ., Cottage District 114 Sara Sims Park Expansion Working with residents of the community, the CRA and its consultant created a master plan for the expansion , and improvement of Sara Sims Park. The CRA has also purchased seven properties and deeded them to the City in preparation for the eventual expansion of the park. Staff will review the feasibility of convertin " a portion of Sara Sims Park Master Plan, along the western boundary, from Recreational Land Use toy';, Single Family. This process shall include a public ` meeting, the Parks and Recreation Board review and recommendation, and Clty Commision approval. Figure 65: Sara Sims Expansion Ocean Breeze East The CRA owns 4.5 acres of vacant land east of Seacrest Boulevard between N.E. 6th and 7th M, Avenues. The CRA is seeking a private development partner to build a multi-family project on the site. ; trot Cottage District The CRA owns approximately 5 acres on the block Figure 66: ocean Breeze East tit between N.E. 4th and 5th Avenue. The CRA's goal for this site is to attract a private development partner } to build single-family for-sale homes in the style of the surrounding historic cottages. yWvtt R MLK Commercial " Leveraging CRA-owned land and economic development grants, the CRA was able to bring a Family Dollar store to the Martin Luther King, Jr. Boulevard corridor in 2015. The CRA owns `' additional land on the corridor and continues to Figure 67: Cottage District work with developers to attract new and needed neighborhood retail. MLK Multi Family Utilizing CRA-owned land, the CRA is seeking to attract a private development partner to build a multi- family development along the Martin Luther King, Jr. Boulevard corridor. The development may include commercial uses. 115 f t��'., S� J t Ott\r iia s1 �f.. r n t s» tr t tis r r � 2 � t} g"U� t t rC�;lCutg' f , St 4itbr t 3 t i #r�;� ,�'i>31ra?S}k t<7}il 14t�tit�4`tttl�tSF at ab4 s��a i it t ;� t f��ts`SA aVk t H'�t itiY 4 sP�si n�&wi ttS*�iteas�4� Gt11 ,1 t� Gx Figure 68: Example of a Commercial Project on MLK Jr. Blvd. N 116 jj ### } J �•� �� 34({t,$r}iii -+, - {:F� I.��f' � � {s ,,, r,��\,4��1�� r �;si;I'> ��, + �t t,• � ��# tfi4,t,ri�,, , a 4 i _A It r1Al� �3 r ry s ^R 3 9 p3 ,ci aq�ti , S Figure 69: Example of Multi Family Project on MLK Jr. Blvd. 1� ti 117 Residential tease for Single Family Home or Duplex (FOR A TERM NOT TO EXCEED ONE YEAR) A BOX(D) OR A BLANK SPACE { } INDICATES A PROVISION WHERE A CHOICE OR DECISION MUST BE MADE BY THE PARTIES. THE LEASE IMPOSES IMPORTANT LEGAL OBLIGATIONS. MANY RIGHTS AND RESPONSIBILITIES OF THE PARTIES ARE GOVERNED BY CHAPTER 83, PART It, RESIDENTIAL LANDLORD AND TENANT ACT, FLORIDA STATUTES.A COPY OF THE RESIDENTIAL LANDLORD AND TENANT ACT IS ATTACHED TO THIS LEASE. 1. PARTIES.This is a lease(the"Luse")between LARANN ,LLC PO BOX 362842 MELBOURNE FL 32936 (name and address of owner of the property) ("Landlord")and JUANA PATRICE McCLOUP3 A SINGLE WOMANJ (name(s)of persons)to whom the property is leased) (`Tenant"). Landlord's E-mail Address: LAMARREALTY@AOL.COM Landlord's Telephone Number 551-736-9790 OR CELL 561-714-0417 Tenants E-mail Address: Tenant's Telephone Number: 561-292-3602 2.PROPERTY RENTED.Landlord leases to Tenant the land and buildings located at 281A NE 9th Ave (street address) Boynton Beach _,Florida 33435 (asp code) together with the following furniture and appliances [List all furniture and appliances. If none,write "none."] (in the Lease,the property leased,including furniture and appliances, if any, is celled the`.'Premises"): FRIDGE, MICROWAVE,RANGFJOVEN 2 WINDOW AIC UNITS The Premises shall be occupied only by the Tenant and the following persons: NO OTHER PERSONS 3, TERM. This is a lease for a term, not to exceed twelve months, beginning on SEPTEMBER i 2017 and (month,day,year) ending AUGUST 31, 2018 (the"Lease Term"). (month,clay,year) 4. RENT PAYMENTS,TAXES AND CHARGES.Tenant shall pay total rent in the amount of$ 7.2 tk.Utl (excluding taxes)for the Lease Term.The rent shall be payable by Tenant in advance in installments or to full as provided in the options below. in installments. If in installments, rent shall be payable monthly, on the IST day of each month (if left blank, on the first day of each month) in the amount of 608.80 per installment. OR weekly, on the day of each week (if left blank, on Monday of each week.) in the amount of per installment. in full can in the amount of$ i (date' Landlord ��,and Tena t acknowledge receipt of a copy of this page which is Page I of 18 RLHD- x *Rv.711 Approved on €iI 15,2010, by the Supreme Court of Florida,for use under rule 10-2.1(a)of the Rules Regulating the Florida Bar. Licensed to Alda Star Software and ID:D-456333835 XIMB.143592 Software and added formatting C 2017 Alta Star Software,all rights reserved..www.altastar.com.(877)279-8898 Tenant shall also be obligated to pay taxes on the rent when applicable in the amount of$ El with each rent installment r7l with the rent for the full term of the Lease.Landlord will notify Tenant if the amount of the tax changes. Payment Summary If rent is paid in installments,the total payment per installment including taxes shall be in the amount of$,600.00 If rent is paid in full,the total payment including taxes shall be in the amount of$ All rent payments shall be payable to LARANN,LLC at (name) PO BOX 36 M 2042, ELBOURNE,FL 362042 (If left blank,to Landlord at Landlord's address,) (address) :1 If the tenancy starts on a day other than the first day of the month or week as designated above,the rent shall be prorated from through in the amount of and shall be due (date) (date) on (if rent paid monthly,prorate on a 30-day month.) (date) Tenant shall make rent payments required under the Lease by(choose all applicable) X cash, rack,X money order, X cashiers check, or :j other (specify). If payment is accepted by any means other than cash, payment is not considered made until the other instrument is collected. If Tenant makes a rent payment with a worthless check, Landlord can require Tenant X, to pay all future payments by 71 money order, cashiers check, or official bank check or X cash or other (specify) I and X to pay bad check fees in the amount of$50-00 (not to exceed the amount prescribed by Section 68,065, I Iorida Statutes). 5. MONEY DUE PRIOR TO OCCUPANCY. Tenant shalt pay the sum of$ in accordance with this paragraph prior to occupying the Premises.Tenant shall not be entitled to move in or to keys to the Premises until all money due prior to occupancy has been paid. If no date is specified below,then funds shall be due prior to Tenant occupancy.Any funds designated in this paragraph due after occupancy, shall be paid accordingly. Any funds due under this paragraph shall be payable to Landlord at Landlord's address or to LARANN,LLC (name) at POBt' X362042, MELBOURNE FL362042 (address) First month's i:J week's rent plus applicable taxes $ 600.00 due 9/1/17 Prorated rent plus applicable taxes $ due Advance rent for D month 1:1 week of plus applicable taxes $ due Last El month's Ll weeks rent plus applicable taxes $ due Security deposit $ 500.00 due 81112012 Additional security deposit $ due Security deposit for homeowners'association $ due Pet Deposit $ due Other $ due Other $ due Landlordf - )ant/Tens acknowledge receipt of a copy of this page which Is Page 2 of IS RLHD-3x 4RRev,177116 Approved ojnpill 15,L 2010, lay the Supreme Court of Florida,for use under rule 1G-2.1(a)of the Rules Regulating the Florida Bar. Licensedto Alta Star Software and ID,0-456333835AIMBAG3592 Software and added formatting @ 2017 Alta Star Software,all rights reserved..www.altastar.com-(877)279-8898 ............ 6. LATE FEES. (Complete if applicable) In addition to rent,Tenant shall pay a late charge in the amount of S,60.00 (If left blank, 4%of the rent payment)for each rent payment made 4 days after the day it is due(if left blank, 5 days if rent is paid monthly, 1 day if rent is paid weekly), 7. PETS AND SMOKING. Unless this box Ll is checked or a pet deposit is paid, Tenant may not keep pets or animals on the Premises. If Tenant may keep pets,the pets described in this paragraph are permitted on the Premises. NO PETS UNLESS OTHERIVISEAGREED IN WRITING AND DEPOSIT PAID. (Specify number of pets,type(s),breed,maximum adult weight of pets.) 01- is Cl leelterl, no smoking is permitted in the Premises, 8, NO710ES. LA,RANN,LLC is Landlord's Agent, All notices must be sent to X Landlord ,LARANN,LLC at PO BOX 362042, MELBOURNE FL 362042 :1 Landlord's Agent at unless Landlord gives Tenant written notice of a change.AJI notices of such names and addresses or changes thereto shall be delivered to the Tenants residence or,if specified in writing by the Tenant,to any other address,AP notices to the Landlord or the Landlord's Agent (whichever is specified above)shalt be given by U.S. mail or by hand delivery. Any notice to Tenant shall be given by U.S. mail or delivered to Tenant at the Premises. If Tenant is absent from the Premises, a notice to Tenant may be given by leaving a copy of the notice at Premises. 9. UTILITIES. Tenant shall pay for all utilities services during the Lease Term and connection charges and deposits for activating existing utility connections to the Premises except for TENANT IS RESPONSIBLE FOR WATER OVER150MONT,4 that Landlord agrees to provide at Landlord's expense(if blank,then"NONE"). 10. MAINTENANCE. Landlord shall be responsible for compliance With Section 83.51, Florida StatuW, and shall be responsible for maintenance and repair of the Premises, unless otherwise stated below: (Fill in each blank space 'With "Landlord" for Landlord or "Tenant"for Tenant, if lefl,blank, Landlord will be responsible for the item): Landlord/Tenant Landlord/Tenant LandiordfTenant Landlord/Tenant :1 roofs D windows :1 screens steps Ej doors 1:1 floors L-1 porches exterior walls J foundations D plumbing II structural components X, heating � hot water Z] running water D locks and keys electrical system D cooling Ll smoke detection L] garbage removal/outside receptacles devices 71 extermination of rats, mice,roaches,ants and bedbugs 71 extermination of wood destroying organisms F-I lawn/shrubbery Wj 4 water treatment fliers(specify) WIND 0 W AIC TO BE MAINTAINED EY TENA N Ll ceilings ,X :j interior wells Other(specify) UNLESS DUE TO NEGLECT OR DAMAGE CAUSED BY T WANT ORTENANTS GUESTS. Tenant shall notify ,LARANN, LLC - at P0,BOX 362042, MELBOURNE FL 362042 (name) (address) (jf left blank,Landlord at Landlord's address)and 561-736-9790 of maintenance and repair requests. {telephone number) 11. ASSIGNMENT. Tenant may not assign the Lease or sublease all or any part of the Premises without first obtaining the Landlord's written approval and consent to the assignment or sublease. 12. KEYS AND LOCKS. Landlord shall furnish Tenant 2 #of sets of keys to the dwelling NIA #of mail box keys NIA #of garage door openers ti Landlord and Tenant L__j acknowledge receipt of a copy of this page which is Page 3 of 18 RLHD-3x e, .7/16 Approved on ifs'115,2010, by the Supreme Court of Florida,for use under rule 10-2.1(a)of the Rules Regulating the Florida Bar. Licensed tomta Star Software and 10:D-456333835,Xl MB,103592 Software and added formatting 0 2017 Alta Star Software,all rights reserved.-www.alta:star.com#(877)279-8898 If there is a homeowners'association. Tenant will be provided with the following to access the association's common areas/facilities: NIA #of keys to Ail—A #of remote controls to MIA #of electronic cards to NIA other(specify)to NIA At end of Lease Terrn,all items specified in this paragraph shall be returned to .,LARANN, LLC at PO BOX 362042 (name) MELBOURNE,FL 362042 (if left blank, Landlord at Landlord's address), (address) 13. LEAD-BASED PAINT. X_ Check and complete if the dwelling was built before January 1, 1978. Lead Warming Statement(when used In this article,the term Lessor refers to Landlord and the term Lessee refers to Tenant). Housing built before 1978 may contain lead-based paint Lead from paint, paint chips, and dust can pose health hazards if not managed properly, Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, Lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention. Lessor's Disclosure(initial) _(a)Presence of lead-based paint or lead-based paint hazards(check(j)or(ii)below): (i) Known lead-based paint and/or lead-based paint hazards are present in the housing(explain). (ii) ;K_Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. _(b)Records and reports available to the Lessor(check(I)or(4)below): (i)_;J_Lessor has provided the Lessee with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing(list documents below), the housing. (fl) ..W Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in Lessees Acknowledgment (c)Lessee has received copies of all information listed above. (d)Lessee has received the pamphlet Protect Your Family From Lead in Your Home. Agent's Acknowledgment(initial) _(e)Agent has informed the Lessor of the Lessors obligations under 42 US.C, 4852d and is aware of his/her responsibility to ensure compliance. Certification of Accuracy The following pa have reviewed the information above and certify, to the best of their knowledge, that the information provided by the sI d accurate, e A�sq(�s_sigdature bate Lessors signature Date ,,,LARANN,LL t 'Eksseels eignatureLessee's signature Date 14UANA PATRICE McCLOUD U — — Agents signature Date Agents signature Date 14, SERVICEMEMBER. If Tenant is a member of the United States Armed Forces on active duty or state active duty or a member of the Florida National Guard or United States Reserve Forces, the Tenant has rights to terminate the Lease as provided in Section 83.682, Florid Statutes,the provisions of which can be found in the attachment to this Lease. Landlord, and Tenant acknowledge receipt of a copy of this page which is Page 4 of 18 RLHD-3x R v.7116 Approved on AWI 15, 010, by the Supreme Court of Florida,for use under rule 10-2.1(a)of the Rules Regulating the Florida Bar, Licensed to Alta Star Software and D;D-456333835.X1 MB.103592 Software and added formatting @ 2017 Alta Star Software,all rights reserved..www.altastar.com-(877)279.8898 15. LANDLORD'S ACCESS TO THE PREMISES.Landlord's Agent may enter the Premises in the following circumstances: A- At any time for the protection or preservation of the Premises- B. After reasonable notice to Tenant at reasonable times for the purpose of repairing the Premises, C. To inspect the Premises; make necessary or agreed-upon repairs, decorations, alterations, or improvements; supply agreed services-, or exhibit the Premises to prospective or actual purchasers, mortgagees, tenants, workers, or contractors under any of the following circumstances: (1) with Tenant's consent; (2) in case of emergency; (3) when Tenant unreasonably withholds consent;or (4) if Tenant is absent from the Premises for a period of at least one-half a rental installment period. (if the rent is current and Tenant notifies Landlord of an intended absence, then Landlord may enter only with Tenant's consent or for the protection or preservation of the Premises.) 16. HOMEOWNERS' ASSOCIATION. IF TENANT MUST BE APPROVED BY A HOMEOWNERS' ASSOCIATION ("ASSOCIATION"), LANDLORD AND TENANT AGREE THAT THE LEASE IS CONTINGENT UPON RECEIVING APPROVAL FROM THE ASSOCIATION, ANY APPLICATION FEE REQUIRED BY AN ASSOCIATION SHALL BE PAID BY L1 LANDLORD 71 TENANT. IF SUCH APPROVAL IS NOT OBTAINED PRIOR To COMMENCEMENT OF LEASE TERM, EITHER PARTY MAY TERMINATE THE LEASE BY WRITTEN NOTICE TO THE OTHER GIVEN AT ANY TIME PRIOR TO APPROVAL BY THE ASSOCIATION,AND IF THE LEASE IS TERMINATED,TENANT SHALL RECEIVE RETURN OF DEPOSITS SPECIFIED IN ARTICLE 5, IF MADE. If the Lease is not terminated, rent shall abate until the approval is obtained from the association.Tenant agrees to use,due diligence in applying for association approval and to comply with the requirements for obtaining approval. :3 Landlord J Tenant shall pay the security deposit required by the association,if applicable, 17.USE OF THE PREMISES. Tenant shall use the Premises for residential purposes.Tenant shall have exclusive use and right of possession to the dwelling,The Premises shall be used so as to comply with all state, county, municipal laws and ordinances, and all covenants and restrictions affecting the Premises and all rules and regulations of homeowners' associations affecting the Premises. Tenant may not paint or make any alterations or improvements to the Premises without first obtaining the Landlord's written consent to the alteration or improvement. However, unless this box :1 is checked,Tenant may hang pictures and install window treatments in the Premises without Landlord's consent, provided Tenant removes all such items before the end of the Lease Term and repairs all damage resulting from the removal. Any improvements or alterations to the Premises made by the Tenant shall become Landlord's property, Tenant agrees not to use, keep, or store on the Premises any dangerous, explosive,toxic material which would increase the probability of fire or which would increase the cost of insuring the Premises. 18.RISK OF LOSS/INSURANCE. A. Landlord and Tenant shall each be responsible for loss,damage,or injury caused by its own negligence or willful conduct, B. Tenant should carry insurance covering Tenant's personal property and Tenant's liability insurance. 19. PROHIBITED ACTS BY LANDLORD. Landlord is prohibited from taking certain actions as described in Section 83.67, Florida Statutes,the provisions of which ran be found in the attachment to this Lease, 20.CASUALTY DAMAGE. If the Premises are damaged or destroyed other than by wrongful or negligent acts of Tenant or persons on the Premises with Tenants consent,so that the use of the Premises is substantially impaired,Tenant may terminate the Lease within 30 days after the damage or destruction and Tenant will immediately vacate the Premises. If Tenant vacates, Tenant is not liable for rent that would have been due after the date of termination. Tenant may vacate the part of the, Premises rendered unusable by the damage or destruction, in which case Tenants liability for rent shall be reduced by the fair rental value of the part of the Premises that was damaged or destroyed. 21.DEFAULTSIREMEDIES. Should a party to the Lease fail to fulfill their responsibilities under the Lease or need to determine whether there has been a default of the Lease, refer to Part 11, Chapter 83, entitled Florida Residential Landlord and Tenant Act which contains information on defaults and remedies. A copy of the current version of this Act is attached to the Lease. 22.SUBORDINATION. The Lease is automatically subordinate to the lien of any mortgage encumbering the fee title to the Premises from time to time. 23.LIENS. THE INTEREST OF THE LANDLORD SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS MADE BY THE TENANT AS PROVIDED IN SECTION 713.10, FLORIDA STATUTES. Tenant shall notify at] parties performing work on the Premises at Tenant's request that the Lease does not allow any liens to attach to Landlord's interest. 24, RENEWALJEXTENSION. The Lease can be renewed or extended only by a written agreement signed by both Landlord and Tenant,but the term of a renewal or extension together with the original Lease Term may not exceed one year.A new lease is required for each year. 25. TENANT'S TELEPHONE NUMBER, Tenant shall, within 5 business days of obtaining telephone services at the Premises, send written notice to Landlord of Tenant's telephone numbers at the Premises. 26. ATTORNEYS' FEES, In any lawsuit brought to enforce the Lease or under applicable law, the party in whose favor a judgment or decree has be rendered may recover reasonable court costs,including attorneys'fees,from the non-prevalfing party. Landlord p and Tenant acknowledge receipt of a copy of this page which is Page 5 of 18 RLHD-3x (Re ,.7116 Approved onApol 15,t010, by the Supreme Court of Florida,for use under rule 10-2,1(a)of the Rules Regulating the-�Ionda Bar. Ljoensed to Alta Star Software and 0D-456333835.X1 MB.103592 Software and added formatting C 2017 Alta Star Software,all rights reserved.-www.altastar.com-(877)279-8898 27.MISCELLANEOUS. A. Time is of the essence of the performance of each party's obligations under the Lease. B. The Lease shall be binding upon and for the benefit of the heirs, personal representatives, successors,and permitted assigns of Landlord and Tenant, subject to the requirements specifically mentioned in the Lease. V�lhenever used,the singular number shall include the plural or singular and the use of any gender shall include all appropriate genders. C. The agreements contained in the Lease set forth the complete understanding of the parties and may not be changed or terminated orally, D. No agreement to accept surrender of the Premises from Tenant will be valid unless in writing and signed by Landlord. E. All questions concerning the meaning, execution, construction, effect, validity, and enforcement of the Lease shall be determined pursuant to the laws of Florida. F. A facsimile copy of the Lease and any signatures hereon shall be considered for all purposes originals. G.As required by law, Landlord makes the following disclosure:"RADON GAS."Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department. 28. BROKERS' COMMISSION. El Check and complete If applicable. The brokerage companies named below will be paid the commission set forth in this paragraph by D Landlord Tenant for procuring a tenant for this transaction. Real Estate Licensee Real Estate Licensee Real Estate Brokerage Company'v Real Estate Brokerage Company u. Commission Commission 29. TENANTS PERSONAL PROPERTY.",TENANT,MUST INITIAL IN THIS BOR THE FOLLOWING PROVISION TO APPLY. BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES F��Hft'PON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT,AS PROVIDED BY CHAPTER 83, FLORIDA TATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TEN T'S PERSONAL PROPERTY. The Lease has been ex u d by the parties on the dates indicated below, Lan, 's Signature ARANN,LLC Date Landlord's Signature Date Landlord's Signature Date enaRfs Signatur6',____4VANA,PATAC9 McCLOUD Datef 'Fenant's Signature Date This form was completed with the assistance of: Name of Individual: Name of Business.- Address: Telephone Number: —A. Landlords and Tenan acknowledge receipt of a copy of this page which is Page 6 of 18 RLHD-3x Aev, /16 Approved on A -115,2010, by the Supreme Court of Florida,for use under rule 10-2.1(a)of the Rules Regulatinde-Flodda Bar. th brensed to Alta Star Software and I D:D-456333835,Xl M&103592 Software and added formatting C 2017 Aft Star Software,all rights reserved.-www.altas,tar.com-(877)279-8898 Early Termination Fee/Liquidated Damages Addendum I agree,as provided in the rental agreement,to pay S 1,200,00 (an amount that does not exceed two months' rent)as liquidated damages or an early termination fee if I elect to terminate the rental agreement and the landlord waives the right to seek additional rent beyond the month in which the landlord retakes possession. 71 1 do not agree to liquidated damages or an early termination fee, and I acknowledge that the landlord may seek damages as provided by law, -2, _LaAd6rcrs Signre LARANN,LLC Date Landlord's Signature Date Landlord's Signature Date < ants h inature JOANAA4TRICE-K— _0 CLO-Ua--,-) Date Tenant's Signature Date 4 Landlord and Tenah - 6 a nowledge receipt of a copy of this page which is Page 7 of 18 di y e Supreme Court of Florida,for use under rule 10-2.1(a)of the Rules 15 201� �\�tk RLHD�3x .7/16 Approved on h Regulating the Florida Bar. 1,151,010, 1 Licensed to Alta Star Sottware and la.ID-456333835-X1VIS-103592 Software and added formatting @ 2017 Alta Star Software,all rights reserved..www,altastar.com-(877)279-8898 ATA STkR-�C-111i ........... PART 11 Florida Residential Landlord and Tenant Act RESIDEN11AL TENANCIES 83.40 Short title, B3,41 Application, 83A2 Exclusions from application of part, 83-43 DefinitJons, 83.44 Obligation of good faith, 83.45 Unconscionable rental agreement or provision, 83,46 Rent;duration of tenandes, 83.47 Prohibited provisions in rental agreements. 83.48 Attorney fees. 83.49 Deposit money or advance rent,duty of lard ord and tenant, 83,50 Disclosure of landlord's address. 83.51Landlords obligation to maintain premises. 83.52 Tenants obligation to maintain dulling unit. 83.53 Landlord's access to dwelling unit. 83.53'5 Rotation bedding system:restrictions on use. 83-54 Enforcement of rights and duties;cj\Al action:criminal offenses. 83.55 Right of action for damages. 83,56 Termination of rental agreement. 83.561 Termination of rental agreement upon foreclosure, 83.57 Termination of tenancy without specific term. 83-575 Termination of tenancy with specific duration. 83.58 Remedies-,tenant holding over. 83.59 Right of action for possession. 83-595 Choice of remedies upon breach or early termination by tenant. 83.60 Defenses to action for rent or possession;procedure. 83.61 Disbursement of funds in registry of court:prompt final hearing. 83,62 Restoration of possession to landlord. 83.625 Power to award possession and enter money judgment. 83.63 Casualty damage. 83.64 Retaliatory conduct 83.67 Prohibited practices, 83-681 Orders to enjoin violations of this part 83-682 Termination of rental agreement by a servicemember, 83,6153 Rental application by a servicemember 83.40 Short title, This part shalli be known as the"Florida Residential Landlord and Tenant Act-" History.- s, 2,ch,73-330, 83.41 Application.- This part applies to the rental of a dwel li ng unit. History- s.2,ch.73-33Q ss-Z 20,ch.82-66. 83.42 Exclusions from application of part- This part does not apply to: (1)Residency or detention in a facility;whether public or private,Men residence or detention is incidental to the provision of medcal, geriatric,educational,counseling,religious,or similar senAces.For residents of a facility licensed under part II of chWer 400,the provisions of s.400-0255 are the exclusive procedures for all transfers and discharges. (2)Occupancy under a contract of sale of a dwelling unit or the property of which it is a part in which the buyer has paid at least 12 months' rent or in Mich the buyer has paid at least I month's rent and a deposit of at least 5 percent of the purchase price of the property. (3)Transient occupancy in a hotel,condominium,motel, roominghouse,or similar public lodgingor transient occupancy in a mobile home park- (4)Occupancy by a holder of a proprietary lease in a cooperative apartment. (5)Occupancy by an owner of a condominium unit. History,- s.2,ch,73-330:s,40.ch.2012-16Q s- 1,ch,2013-136. 83.43 Definitions.- As used in this part,the followng words and terms shall have the following meanings unless some other meaning is plainly indicated: (1)"Building,housing,and health codes"means any law,ordinance,or governmert al regulation concerning healthsafety,sanitation or fitness for habitation,or the construction, maintenance,operation,occupancy,use,or appearance,of any dwelling unit. (2)"Dmalling unit means: (a)A structure or part of a structure that is rented for use as a home,residence,or sleeping place by one person or by hvo or more persons who maintain a common household. (b)A mobile home rented by a tenant. (c)A structure or part of a structure that is furnished,with or without rent,as an incident of employment for use as a home,residence,or sleeping place by one or more persons. (3)"Landlord"'means the owier or lessor of a dwelling unit (4)"Tenant"means any person entitled to occupy a dwelling unit under a rental agreem. nt, Landlord and Tenah- cknovviedge receipt of a copy of this page which is Page 8 of 18 (5)"Prernises!'means a dwdfing unit and the structure of Mich it is a part and a mobile home lot and the appurtenant facilites and grounds,areas,facilities and property held out for the use of tenants generally (5) enerally(6)"Rent'means,the periodic payments due the landlord from the tenant for occupancy under a rental agreement and any other payments due the landlord from the tenant as may be designated as rent in a written rental agreement, (7)"Rental agreement"means any written agreement,I nd udi ng amendments or addenda,or oral agreement for a duration of less than 1 year,providing for use and occupancy of premises. (8)"Good faith' means honesty in fact in the conduct or transaction concerned. (9)"Advance rent"means moneys paid to the landlord to be applied to future rent payment periods,but does not i ndude rent paid In advance for a current rent payment period, (10)7ransient occupancy'means occupancy Men It is the Intention of the parties that the occupancy W11 be temporary. (11)"Deposit money''means any money held by the landlord on behalf of the tenant, including,NA not limited to,damage deposits, security deposits,advance rent deposit,pet deposit,or any contractual deposit agreed to between landlord and tenant either in writing or orally- (12)"Security deposits"means any moneys held by the landlord as security for the performance of the rental agreement,including,but not limited to,monetary damage to the landlord caused by the tenant's breach of lease prior to the expiration thereof, (13)"Legal holiday"means holidays observed by the clerk of the court, (14)"Servicemember"shall have the same meaning as provided fns 250-01, (15)"Active duty"shall have the same meaning as provided in s.2501.31. (16)"State active duty'shall have the same meaning as provided I n s-250,01 (17)"'early termination fee"'means any charge,fee,or forfeiture that is provided for in a written rental agreement and is assessed to a tenant when a tenant elects to terminate the rental agreement,as provided In the agreement,and vacates a dvRI I i ng unit before the end of the rental agreement.An early termination fee does not Irdude: (a)Unpaid rent and other accrued charges through the end of the month in Mich the landlord retakes possession of the dwelling unit. (b)Charges for damages to the dwelling unit. (c)Charges associated with a rental agreement settfernent, release,buyout,or accord and satisfaction agreement. History-- s.2,ch.73-330-1 s. 1.ch.74-143-1& 1,di 81-190;s-3,cft 83-151;s- 17.ch.94-170's.2, ch,20 03-72;SL 1,ch,2008-131. 83.44 Obligation of good faith, Every rental agreement or duty within this part imposes an obligation of good faith in its performance or enforcement. History,- s-2,ch.73-330, 83.45 Unconscionable rental agreement or provision.- (1)If the court as a matter of law finds a rental agreement or any provision of a rental agreement to have been unconscionable at the time it was made,the court may refuse to enforce the rental agreement,enforce the remainder of the rental agreement without the unconscionable provision,or so limit the application of any unconscionable provision as to avoid any unconscionable result. (2)When it is claimed or appears to the court that the rental agreement or any provision thereof may be unconscionable,the parties shall be afforded a reasonable opportunity to present evidence as to meaning, relationship of the parties,purpose,and effect to aid the court in making the determination. History,- s-2,ch,73-330. 83.46 Rent;duration of tenancies,- (1)Unless otherwise agreed, rent is payable without demand or notice,periodic rent is payable at the beginning of each rent payment period;and rent Is uniformly apportionable from day to day, (2)If the rental agreement contains no provision as to duration of the tenancy,the duration Is determined by the periods for which the rent is payable-If the rent is payable weekly,then the tenancy is from week to week,if payable monthly,tenancy is from month to month; if payable quarterly,tenancy is from quarter to quarter-,if payable yearly,tenancy is from year to year. (3)If the dvoelling unit is furnished without rent as an incident of employment and there is no agreement as to,the duration of the tenancy, the duration is determined by the periods for which wages are payable, If wages are payable weekly or more frequently,then the tenancy is from vmek to weekand if wages are payable monthly or no wages are payable,then the tenancy is from month to month. In the event that the employee ceases employment,the employer shall be entitled to rent for the period from the day after the employee ceases employment until the day that the dwelling unit is vacated at a rate equivalent to the rate charged for similarly situated residences in the area.This subsection shall not apply to an employee or a resident manager of an apartment house or an apartment complex when there is a written agreement to the contrary. History.- s.2,ch.73-330;s-2,ch.81-190:s,2,ch,87-195-1 s.2,ch.90-133-,s. 1,ch-93-255, a3.47 Prohibited provisions in rental agreements.- (1)A provision in a rental agreement is void and unenforceable to the extent that it (a)Purports to waive or preclude the rights,remedies,or requirements set forth in this part. (b)Purports to limit or preclude any liatdity of the landlord to the tenant or of the tenant to the landlord,arising under law- (2)If such a void and unenforceable provision is included in a rental agreement entered into,extended,or renewed after the effective date of this part and either party suffers actual damages as a result of the inclusion,the aggrieved party may recover those damages sustained after the effective date of this part. History.- s-2,ch-73-330- 83.48 Attorney fees.- In any civil action brought to enforce the provisions of the rental agreement or this part,the party in whose favor a judgment or decree has been rendered may recover reasonable attorney fees and court costs from the nonprevailing party.The right to attorney fees in this section may not be waived in a lease agreement. However,attorney fees may not be awarded under this section in a claim for personal injury damages based on a breach of duty under s.83-51 History.- s.2.ch,73-330;s.4,ch-& -151;s.2,ch,2013-136. 83.49 Deposit money or advance rent;duty of landlord and tenant.- Landlon:V4-, L___J and Tena rqj��cknowledge receipt of a copy of this page which is Page 9 of 18 (1)Whenever money is deposited or advanced by a tenant on a rental agreement as security for performance of the rental agreement or as advance rent for other than the next Immediate rental peiriod,the landlord or the landlord's agent shall either: (a)Hold the total amount of such money in a separate non-interest-bearing account in a Florida banking institution for the benefit of the tenant or tenants,The landlord shall not commingle such moneys with any other funds of the landlord or hypothecate,pledge,or in any other way make use of such moneys until such moneys are actually due the landlord-, (b)Hold the total amount of such money in a separate Interest-bearing account in a Florida banking Institution for the benefit of the tenant or tenants,in wbich case the tenant shall receive and collect interest in an amount of at least 75 percent of the annualized average interest rate payable on such,account or interest at the rate of 5 percent per year,simple Interest,whichever the landlord elects.The landlord shall not commingle such moneys with any other funds of the landlord or hypothecate, pledge,or in any other way make use of such moneys until such moneys are actually due the landlord-or (c)Post a surety bond,executed by the landlord as principal and a surety company authorized and licensed to do business in the state as surety-Wth the clerk of the circuit court in the county in which the d"d[ing unit is located In the total amount of the security deposits and advance rent he or she holds an behalf of the tenants or$50,000,Michever is less.The bond shall be conditioned upon the faithful compliance of the landlord with the provisions of this section and shall run to the Governor for the benefit of any tenant injured by the landlords violation of the provisions of this section. In addition to posting the surety bond,the landlord shall pay to the tenant interest at the rate of 5 percent per year,simple interest A landlord,or the landlords agent,engaged in the renting of dwelling units In five or more counties,who holds deposit moneys or advance rent and who is otherWse subject to the provisions of this section, may,in lieu of posting a surety bond in each county,elect to post a surety bond in the form and manner provided in this paragraph with the office of the Secretary of State,The bond shall be in the total amount of the security deposit or advance rent held on behalf of tenants or in the amount of$2KO00� whichever is less,The bond shall be conditioned upon the faithful compliance of the landlord Wth the provisions of this section and shall run to the Governor for the benefit of any tenant injured by the landlord's violation of this section.In addition to posting a surety bond,the landlord shall pay to the tenant interest on the security deposit or advance rent held on behalf of that tenant at the rate of 5 percent per year simple Interest (2)The landlord shall,in the lease agreement or within 30 days after receipt of advance rent or a security deposit,give written notice to the tenant which Includes disclosure of the advance rent or security deposit. Subsequent to providing such written notice-if the landlord changes the manner or location in Mich he or she is holding the advance rent or security deposit,he or she must notify the tenant within 30 days after the change as provided In paragraphs(a)-(d).The landlord Is not required to give new or additional notice solely because the depository has merged with another financial Institution,changed its name,or transferred ownership to a different financial institution.This subsection does not apply to any landlord Mo rents fewer than five Individual duelling units.Failure to give this notice is not a defense to the payment of rent Men due.The written notice must. (a)Be given in person or by mail to the tenant'.. (b)State the name and address of the depository Mere the advance rent or security deposit Is being held or state that the landlord has posted a surety bond as provided by law. (c)State whether the tenant is entitled to interest on the deposit- (d)Contain the following disclosure: YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS.THE LANDLORD MY TRANSFER ADVANCE RENTS TO THE LANDLORD'S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE.,WHEN YOU MOVE OUT,YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS SO THAT THE LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT.THE LANDLORD MUST MAIL YOU NOTICE,WITHIN 30 DAYS AFTER YOU MOVE OUT,OF THE LANDLORDS INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT,IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAIM WITHIN 15 DAYS AFTER RECEIPT OF THE LANDLORD'S NOTICE,THE LANDLORD WILL COLLECT THE CLAIM AND MUST MAIL YOU THE REMAINING DEPOSIT, IF ANY. IF THE LANDLORD FAILS TO TIMELY MAIL YOU NOTICE,THE LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A LAWSUIT AGAINST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY OBJECT TO A CLAIM,THE LANDLORD MAY COLLECT FROM THE DEPOSIT,BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A REFUND. YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFORE FILING A LAWSUIT,GENERALLY,THE PARTY IN WHOSE FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED COSTS AND ATTORNEY FEES PAYABLE BY THE LOSING PARTY., THIS DISCLOSURE IS BASIC.PLEASE REFER TO PART 11 OF CHAPTER 83,FLORIDA STATUTES,TO DETERMINE YOUR LEGAL RIGHTS AND OBLIGATIONS. (3)The landlord or the landlord's agent may disburse advance rents from the deposit account to the landlords benefit when the advance rental period commences and without notice to the tenant. For all other deposits: (a)Upon the vacating of the premises for termination of the lease, if the landlord does not Intend to impose a clam on the security deposit, the landlord shall have 1$days to return the security deposit together\Mth interest if otherWse required,or the landlord shad!have 30 days to give the tenant written notice by certified mail to the tenants last knom mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the daim.The notice shall contain a statement in substantially the following farm: This is a notice of my intention to impose a claim for damages in the amount of-upon your security deposit,due to Itis sent to you as required by&83,49(3),Florida Statutes,You are hereby notified that you must object In writing to this deduction from your security deposit within 1$days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit, Your objection must be sent to (landlords address) Landlord I 1 and Tenan cknowledge receipt of a copy of this page which is Page 10 of 18 If the landlord fails to give the required notice Wthln the 30-day period-he or she forfeits the right to impose a claim upon the security deposit and may not seek a setoff against the deposit but may file an action for damages after return of the deposit. (b)Unless the tenant ol�es to the imposition of the landlords Bairn or the amount thereof within 15 days after receipt of the landlord's notice of intention to impose a claim,the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant Wthin 30 days after the date of the notice of intention to impose a claim for damages.The failure of the tenant to matte a timely ob)ection does not waive any rights of the tenant to seek damages in a separate action. (c)if either party institutes an action In a court of competent jurisdiction to adjudicate the party's right to the security deposit the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney.The court shall advance the cause on the calendar. (d)Compliance Wth this sees by an individual or business entity authorized to conduct business in this state,Including Florida-license real estate brokers and sales associates constitutes compliance Wth all other relevant Florida Statutes pertaining to secuhty deposits held pursuant to a rental agreement or other[andlord-tenant relationship Enforcement personnel shall look solely to this section to determine compliance.This section prevails over any conflicting provisions in chapter 475 and in other sections of the Florida Mutes,and shad] operate to permit licensed real estate brokers to disburse security deposits and deposit money Without having to comply Math the nohoe and seWerrent procedures contained In s.475.25(1)(d). (4)The provisions of this section do not apply to transient rental's by hotels or motels as defined in chapter 5079;nor do they apply in those Instances In which the amount of rent or deceit,or both,is regulate by law or by rules or regulations of a public body,ind uding public housing authorities and federally adrninistere or regulated housing programs including s.202,s.221(d)(3)and(4),s.235,or s.8 of the National Housing Act,as amended,other than for rent stabilization.With the exception of subsections(3) (5),and(6),this section is not applicable to housing authorities or public housing agencies created pursuant to chapter 42.1 or other statutes. (5)Except when ctherWse provided by the terms of a written lease,any tenant\vho vacates or abandons the premises prior to the expiration of the term specified In the Mtten lease,or any tenant who vacates or abandons premises Morita are the subject of a tenancy from week to week,month to month;quarter to quarter,or year to year,shall give at least 7 days'written notice by certified mil or personal delivery to the landlord prior to vacating or abandoning the premises vvhich notice shall Include the address where the tenant may be reached. Failure to give such notice shall relieve the landlord of the notice requirement of paragraph(3)(a)but shall not waive any right the tenant may have to the security deposit or any part of it. (6)For the purposes of this part,a renewal of an ex€sting rental agreement shall be considered a new rental agreement,and any security deposit carried forward shall be considered a new security deposit.. (7)Upon the sale or transfer of title of the rental property from one owner to another,or upon a change in the designated rental agent,any and all security deposits or advance rents being held for the benefit of the tenants shall be transferred to the new rmer or agent,together Wth any earned Interest and with an accurate amounting showing the amounts to be credited to each tenant account.upon the transfer of such funds and records to the r uew owner or agent.and upon transmittal of a Mitten receipt therefor,the transferor is free from the obligation imposed in subsection(1)to hold such moseys on behalf of the tenant.There is a rebuttable presumption that any newowner or agent received the security deposit from the previous owner or agent;however,this presumption is limited to 1 month's rent.This subsection does rot excuse the landlord or agent for a violation of other provisions of this section while In possession of such deposits.. (8)Any person Iicensed under the provisions of s.5+39.241 unless excluded by the provisions of this part,Mho fa€Is to comply Wth the provisions of this park shall be subject to a fine or to the suspension or revocation of his or her license by the Division of Hotels and Restaurants of the Department of Business and Professional Regulation in the manner provided in s.509.261. (9)In those cases in which Interest is required to be paid to the tenant the landlord shall pay directly to the tenant,or credit against the current month's rent,the interest due to the tenant at least once annually. Hovever, no Interest shall be due a tenant who wrongfully terminates his or her tenancy pilar to the end of the rental term. History.- s. 1,ch.59-282 s.3,oh.70-:360;s. 1,ch72.19,s 1 ch 72-43;s 5 oh.73-33Q 1 ch.7493;s.3,cls.74-146: ss. 1.2,ch. 75-1331 s. 1,ch 76-15;s.1,ch.77-445;s.201,ch.79-400; s.21,c� 82-€ ;s.5,ch.83-151;s. 13,ch.83-217;s.3,ch,87-195;s. 1,ch.87- 369-1 s 3,ch.8 379;s.2,cit.93-255;.s.5,ch.94-218;s. 9372,ch,95-147;s. 1,ch.9&143;s. 1,rpt.2001-179.s.53.ch 2003-154;s.3, oh.2013-136- Note.- Formers.83.261. 83.50 Disclosure of landlord's address-- In addition to any other disclosure required by lave,the landlord,or a person authorized to enter into a rental agreement on the landlord's behalf,shall disclose in Moil ng to the tenant at or before the commencement of the tenancy,the name and address of the landlord or a person authorized to receive notices ark demands in the landlords behalf.The person so authorized to receive notices and demands retains authority until the tenant is notified otherWse.Al notices of such naris and addresses or changes thereto shall be delivered to the tenant's residence or,if specified In writing by the tenant,to any other address- History,- ddress.History- s.2 chi.73-336;s.443,ch.95-147;s.5.ch.2013-136. 83.51 Landlord's obligation to maintain pr tises,- (1)The landlord at all times during the tenancy shall: (a)Comply Wath the requirements of applicable building,housing,and health odes;or (b)V Mere there are no applicable building,housing,or health codes,maintain the roofs,wind=s doors,floors,steps,porches.exterior valls,foundations,and all other structural components in good repair and capable of rps{sting normal forces and loads and the plumbing in reasonable Working condition,The landlord.at commencement of the tenancy,must ensure that screens are installed in a reasonable condition.Thereafter,the landlord must repair damage to screens once annually,when necessary,until termi neon of the rental agreement. The landlord is not required to maintain a mobile hone or other structure owned by the tenant The landlords obligations under this subsection may be altered or modified In witing Math respect to a single-family home or duplex (2)(a)Unless othenmse agree in writing,in addition to the requirements of subsection(1),the landlord of a dv&t[Ing unit other than a single-family home or duplex shall at all tines during the tenancy, make reasonable provisions for: Landlord and T>rns Acknowledge receipt of a copy of this page which is Mage 11 of 18 1.The extermination of rats,mice,roaches,ants,wood-destroying organisms,and bedbugs.When vacation of the premises is required for such extermination,the landlord is not liable for damages but shall abate the rent.The tenant must temporarily vacate the premises for a period of time not to exceed 4 days,on 7 days'written notice, if necessary-for extermination pursuant to this subparagraph, 2. Locks and keys. 3.The dean and safe condition of common areas. 4.Garbage removal and outside receptacles therefor. 5. Functioning facilities for heat during Writer,running water,and hot water, (b)Unless otherwise agreed in writing,at the commencement of the tenancy of a single-family home or duplex,the landlord shall install working smoke detection devices.As used in this,paragraph,the term"smoke detection deviod'means an electrical or battery-operated device which detects visible or invisible particles of combustion and which is listed by Underwriters Laboratories.Inc.,Factory Mutual Laboratories, Inc.,or any other nationally recognized testing laboratory using nationally accepted testing standards. (c)Nothing in this part authorizes the tenant to raise a noncompliance by the landlord with this subsection as a defense to an action for possession under s,83-59, (d)This subsection shall not apply to a mobile home owned by a tenant. (e)Nothing contained in this subsection prohibits the landlord from prom ding in the rental agreement that the tenant is obligated to pay costs or charges for garbage removal,water,fuel,or utilities„ (3)If the duty imposed by subsection(1)is the same or greater than any duty imposed by subsection(2),the landlord's duty is determined by subsection(1), (4)The landlord is not responsible to the tenant under this section for conditions created or caused by the negligent or wrongful act or omission of the tenant,a member of the tenants family,or other person on the premises with the tenants consent. History- s.2,ch,73-330 s.22,ch.82-66;s,4,ch,87-195:s. 1,ch.90-133,s-3,ch,93-255:s-444,ch-95-147,s.8,ch-97-95,s.6,ch. 2013-13& 83.52 Tenants obligation to maintain dwelling unit- The tenant at all times during the tenancy shall: (1)Comply with all obligations imposed upon tenants by applicable provisions of building,housing,and health codes. (2)Keep that part of the premises which he or she occupies and uses clean and sanitary. (3)Remove from the tenant's dv�elling unit all garbage in a dean and sanitary manner. (4)Keep all plumbing fixtures in the dwelling unit or used by the tenant dean and sanitary and in repair, (5)Use and operate In a reasonable manner all electrical, plumbing,sanitary, heating,ventilating,air-conditioning and other facilities and appliances, including elevators. (6)Not destroy,deface,damage,impair,or remove any part of the premises or property therein belonging to the landlord nor permit any person to do so. (7)Conduct himself or herself,and require other persons on the premises Wth hi s or her consent to conduct themselves,in a manner that does not unreasonably disturb the tenant's neighbors or constitute a breach of the peace. History.- s.2,ch.73-339;s.445,ch,95-147. 83.53 Landlord's access to dwelling unit. (1)The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit from time to time in order to inspect the premises;make necessary or agreed repairs,decorations,alterations,or improvements:supply agreed services;or exhibit the dwelling unit to prospective or actual purchasers,mortgagees,tenets,workers.or contractors. (2)The landlord may enter the dwelling unit at any time for the protection or preservation of the premises.The landlord may enter the dwelling unit upon reasonable notice to the tenant and at a reasonable time for the purpose of repair of the premises."Reasonable notice" for the purpose of repair is notice given at least 12 hours prior to the entry.and reasonable time for the purpose of repair shall be between the hours of 7:30 a,m,and 8:00 p.m. The landlord may enter the dwelling unit when necessa ry for the further purposes set forth in subsection(1)under any of the following arcumsta nces: (a)pith the consent of the tenant-, (b)In case of emergency, (c)When the,tenant unreasonably withholds consent,or (d)If the tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments. If the rent is current and the tenant notifies the landlord of an Intended absence,then the landlord may enter only with the consent of the tenant or for the protection or preservation of the premises. (3)The landlord shall not abuse the right of access nor use it to harass the tenant. History.- s,2,ch.73-330;s-5,&,87-195;s.4,ch-93-255:&446,ch,95-147. 83.535 Flotation bedding system;restrictions on use-- No landlord may prohibit a tenant from using a flotation bedding system in a dwelling unit.provided the flotation bedding system does not violate applicable building codes.The tenant shall be required to carry in the tenants name flotation Insurance as Is standard in the industry in an amount deemed reasonable to protect the tenant and owner against personal injury and property damage to the dwelling units. In any case,the policy shall carry a loss payable clause to the owner of the building. History.- s-7,ch-82-66-,s, 5,ch.93-255, 83.64 Enforcement of rights and duties;civil action;crirninal offenses.- Any right or duty declared in this part is enforceable by civil action-A right or duty enforced by cavil action under this section does not preclude prosecution for a criminal offense related to the lease or leased property. History-- s.2,ch,73-330:s,7,ch-2013-136, 83.55 Right of action for damages- If either the landlord or the tenant fails to comply with the requirements of the rental agreement or this part,the aggrieved party may recover the damages caused by the noncompliance. History,- s-2,ch-73-330- 83.56 Termination of rental agreement- Landlon�,�,�', and Tenant acknowledge receipt of a copy of this page which is Page 12 of 18 (1)If the landlord materially fails to comply with s.83.51(1)or material provisions of the rental agreernentwithin 7 days after delivery of written notice by the tenant specifying the noncompliance and indicating the intention of the tenant to terminate the rental agreement by reasion thereof,the tenant may terminate the rental agreement. If the failure to comply with s.83,51(1)or material provisions of the rental agreement is due to causes beyond the control of the landlord and the landlord has made and continues to make every reasonable effort to correct the failure to comply,the rental agreement may be terminated or altered by the parties,as fdlaovs: (a)If the landlord's failure to comply renders the dwelling unit untenantable,and the tenant vacates,the tenant shall not be liable for rent during the period the dwelling unit remains uninhabitable. (b)If the landlords,failure to comply does not render the dwelling unit unteriantable and the tenant remains in occupancy,the rent for the period of noncompliance shall be reduced by an amount in proportion to the loss of rental value caused by the noncompliance, (2)If the tenant materially fails to comply With s.83.52 or material provisions of the rental agreement,other than a failure to pay rent,or reasonable rules or regulations,the landlord may: (a)If such noncompliance is of a nature that Me tenant should not be given an opportunity to cure it or If the noncompliance constUes a subsequent or continuing noncompliance within 12 months of a written warning by the landlord of a similar violation,deliver a written notice to the tenant specifying the noncomo lance and the landlord's intent to terminate the rental agreement by reason thereof Examples of noncompliance which are of a nature that the tenant should not be given an opportunity to cure include,but are not limited to,destruction, damage,or misuse of the landlord's or other tenants'property by intentional act or a subsequent or continued unreasonable disturbance. In such event,the landlord may terminate the rental agreement,and the tenant shall have 7 days from the date that the notice is delivered to vacate the premises.The notice shall be in substantially the following form: You are advised that your lease Is terminated effective immediately.You shall have 7 days from the delivery of this letter to vacate the premises.This action is taken because (dte the noncompliance) . (b)If such noncompliance is of a nature that the tenant should be given an opportunity to cure it,deliver a written notice to the tenant specifying the noncompliance,Including a notice that if the noncompliance Is not corrected within 7 days from the date that the written notice is delivered,the landlord shall terminate the rental agreement by reason thereof, Examples of such noncompliance include,but are not limited to,activities in contravention of the lease or this part such as having or permitting unauthorized pets,guests,or vehicles;parking in an unauthorized manner or permitting such parl0g,or failing to keep the premises clean and sanitary-If such noncompliance recurs within 12 months after notice,an eviction action may commence without delivering a subsequent notice pursuant to paragraph(a)or this paragraph.The notice shall be in substant al ly the following form: You are hereby notified that (cite the noncompliance) . Demand is hereby made that you remedy the noncompliance within 7 days of receipt of this notice or your lease shall be deemed terminated and you shall vacate the premises upon such termination. If this,same conduct or conduct of a similar nature is repeated Wthin 12 months,your tenancy is subject to termination without further warning and without your being given an opportunity to cure the noncompliance. (3)If the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday,and legal holidays,after delivery of written demand by the landlord for payment of the rent or possession of the premises the Iandord may terminate the rental agreement Legal holidays for the purpose of thin section shall be court-observed holidays days only.The 3-day notice shall contain a statement in substantially the following form: You are hereby notified that you are indebted to me in the sum of dollars for the rent and use of the premises (address of]eased premises,including county) , Florida,now occupied by you and that I demand payment of the rent or possession of the premises within 3 days(excluding Saturday,Sunday,and legal holidays)from the date of delivery of this notice,to wit:on or before the day of , (year) (landlord's name,address and phone number) (4)The delivery of the written notices required by subsections(1),(2),and(3)shall be by mailing or delivery of a true copy thereof or, if the tenant is absent from the premises,by leaving a copy thereof at the residence-The notice requirements of subsections(1), (2),and(3)may not be waived in the lease. (5)(a) If the landlord accepts rent wth actual knowledge of a noncompliance by the tenant or accepts performance by the tenant of any other provision of the rental agreement that is at variance with its provisions.or If the tenant pays rent with actual knowledge of a noncompliance by the landlord or accepts performance by the landlord of any other provision of the rental agreement that is at variance With its provisions,the landlord or tenant waves his or her right to terminate the rental agreement or to bring a civil action for that noncompliance,but not for any subsequent or continuing noncompliance.H�ver,a landlord does not waive the right to terminate the rental agreement or to Ion ng a avis action for that noncom pi iance by accepting partial rent for the ped od, If partial rent Is accepted'after posting the notice for nonpayment,the landlord must 1. Provide the tenant Wth a receipt stating the date and amount received and the agreed upon date and balance of rent due before filing an action for possession', 2. Place the amount of partial rent accepted from the tenant in the registry of the court upon filing the action for possession:or 3. Post a new 3-day notice reflecting the new amount due, (b)Any tenant who wishes to defend against an action by the landlord for possession of the unit for noncompliance of the rental agreement or of relevant statutes must comply with s.83-60(2).The court may not set a date for mediation or trial unless the provisions of s,83,60(2) have been met,but must enter a default judgment for removal of the tenant with a writ of possession to Issue immediately If the tenant fails to oornply with s.83 X0(2) (c)This subsection does not apply to that portion of rent subsidies received from a local,state.or national government or an agency of local,state,or national government;however,waiver will occur if an action has not been instituted within 45 days after the landlord obtains actual knowledge of the noncompliance- (6)If the rental agreement is terminated,the landlord shall comply with s.83,49(3). History.- s.2,ch.73-330;s.23,ch.82-66 s,6,ch,83-151;s. 14.ch.83-21T s.6,ch-87-195-,s.6,ch,93-255 s-6,ch.94-170; & 1373, ch,95-147;s,5,ch,99-6's,8,ch.2013-136. Landllor and Tena 4cknovAedge receipt of a copy of this page which is Page 13 of 18 83.561 Tennination of rental agreement upon foreclosure.- (1)If a tenant is occupying residential premises that are the subject of a foreclosure sale,upon issuance of a certificate of title following the sale,the purchaser named in the certificate of title takes title to the residential premises subject to the rights of the tenant under this section. (a)The tenant may remain in possession of the premises for 30 days Vowing the date of the purchasef s delivery of a written 30-day notice of termination. (b)The tenant is entitled to the protections of s-83-67. (c)The 30-day notice of termination must be in substantially the fd[oWng form: NOTICE TO TENANT OF TERMINATION You are hereby notified that your rental agreement Is terminated on the date of delivery of this notice,that your occupancy ns terminated 30 days following the date of the delivery of this notice,and that I demand possession of the premises on (date) . If you do not vacate the premises by that date, I will ask the court for an order allowing me to remove you and your belongings from the premises-YOU are obligated to pay rent during the 30-day period for any amount that might accrue during that period.Your rent must be delivered to (landlord's name and address) . (d)The 30-day notice of termination shall be,delivered in the same manner as provided In s,83,56(4), (2)The purchaser at the foreclosure sale may apply to the court for a writ of possession based upon a sworn affidavit that the 30-day notice of termination was delivered to the tena nt and the tenant has failed to vacate the premises at the cond usi on of the 30-day period-I f the court awards a Arft of possession,the writ mustbe served on the tenant-The wit of possession shall be governed by s.83,62, (3)This section does not apply It. (a)The tenant is the mortgagor in the subject foreclosure or is the child,spouse,or parent of the mortgagor in the subject foreclosure. (b)The tenant's rental agreement is not the result of an arm's length transaction, (c)The tenant's rental agreement allows the tenant to pay rent that is substantially less than the fair market rent for the premises, unless the rent is reduced or subsidized due to a federal state,or local subsidy. (4)A purchaser at a foreclosure sale of a residential premises occupied by a tenant does riot assume the obligations of a landlord,except as provided in paragraph(1)(b),unless or until the purchaser assumes an existing rental agreement with the tenant that has not ended or enters into a new rental agreement with the tenant. History.- & 1,ch.2015-96- 83.57 Termination of tenancy without specific term.- A tenancy without a spedfic duration,as defined in s-83.46,(2)or(3),may be terminated by either party giving written notice in the manner provided in s,83,56(4),as follow (1)Men the tenancy is from year to year,by giving not less than 60 days°notice prior to the end of any annual period; (2)Men the tenancy Is from quarter to quarter, by giving not i ess than 30 days'notice prior to the end of any quarterly peri ocl (3)Men the tenancy is from month to month, by giving not less than 15 days'notice prior to the end of any monthly period:and (4)When the tenancy is from week to week;by giving not less than 7 days'notice prior to the end of any weekly period, History.- s,2,ch.73-330:s.3, ch.81-190:s- 15,ch.83-217, 83.575 Termination of tenancy with specific duration, (1)A rental agreement with a specific duration may contain a provision requiring the tenant to notify the landlord within a specified period before vacating the premises at the end of the rental agreen-ent,if such provision requires the landlord to notify the tenant within such notice period if the rental agreement will not be renewed:however,a rental agreement may not require more than 60 days'notice from either the tenant or the landlord. (2)A rental agreement with a specific duration may provide that If a tenant fails to give the required notice before vacating the premises at the end of the rental agreement,the tenant may be liable for liquidated damages as specified in the rental agreement If the landlord provides wnften notice to the tenant specifying the tenants obligations under the notification provision contained in the lease and the date the rental agreement is terminated,The landlord must provide such written notice to the tera nt Wth n 15 days before the start of the notification period contained in the lease.The written notice shall list all fees,penalties,and other charges applicable to the tenant under this subsection, (3)If the tenant remains on the premises with the permission of the landlord after the rental agreement has terminated and fails to give notice required under s-83.57(3),the tenant is liable to the landlord for an additional 1 month's rent. History,- s,3,ch,2003-30;s. 1.ch.2004-375"s.9,chi.2013-136, 83.58 Remedies,,tenant holding over- If the tenant holds over and continues in possession of the dwelling unit or any part thereof after the expiration of the rental agreement without the permission of the landlord,the landlord may recover possession of the dwelling unit in the manner provided for ins 83.59.The landlord may also recover double the amount of rent due on the dvel ling unit.,or any part thereof,for the period during which the tenant refuses to surrender possession.. History.- s,2,ch, 73-330;s. 10,ch.2013-136, 83.59 Right of action for possewion.- (1)If the rental agreement is terminated and the tenant does not vacate the premises,the landlord may recover possession of the dwelling unit as provided in this section, (2)A landlord,the landlord's attorney.or the landlords agent,applying for the removal of a tenant,shall file in the county court of the county where the premises are situated a complaint describing the dwelling unit and stating the facts that authorize its remvery-A landlord's agent is not permitted to take any action other than the initial filing of the complaint,unless the landlord s agent is an attorney. The I and ord is enti b ad to the summary procedfare provided In s.51.011,and the court shall advance the cause on the calendar. (3)The landlord shall not recover possession of a dwelling unit except-, (a) in an action for possession under subsection(2)or other civil action in which the issue of right of possession is determined; (b)Men the tenant has surrendered possession of the dwelling unit to the landlord'. Landlord and Tanta 60 Wfid',W-) acknowledge receipt of a copy of this page which Page 14 of 18 7 17 (c)VVInen the tenant has abandoned the dwelling unit In the absence of actual knoWedge of abandonment,it shall be presumed that the tenant has abandoned the dwelling unit if he or she Is absent from the premises for a period of time equal to or half the time for periodic rental payments However.this presumption does not apply if the rent is current or the tenant has notified the landlord,in writing,of an intended absence;or (d)UVhen the last remaining tenant of a dwelling unit is deceased, personal property remains on the premises,rent is unpaid,at least 60 days have elapsed following the date of death,and the landlord has not been notified in writing of the existence of a probate estate or of the name and address of a personal representative.This paragraph does not apply to a duelling unit used in connecti on with a federally administered or regulated housing program,including programs under s.212.s.221(d)(3)and(4),s-2361 or s.8 of the National Housing Act,as amended. (4)The prevailing party is entitled to have judgment for costs and execution therefor. History.- s.2 ch,73-33a s. 1.ch.74148„s.24 ch.82.66 s. 1,oh 92-36,s 447,ch 35-147's. t,ch 2007-136;s. 11,ch.2013-136. 83.595 Choice of remedies upon breach or early termination by tenant. If the tenant breaches the rental agreement for the dowelling unit and the landlord has obtained a writ of possession,or the tenant has surrendered possession of the dwelling unit to the landlord or the tenant has abandoned the dwelling unit,the landlord may. (1)Treat the rental agreement as terminated and retake possession for his or her own mint,thereby terminating any further liability of the tenant: (2)Retake possession of the dAdlrng unit for the account of the tenant,holding the tenant liable for the difference between the rent stipulated to be pard under the rental agreement and what the landlord is able to recover from a reletting If the landlord retakes possession,the landlord has a duty to exercise good faith in attempting to relet the premises,and any rent received by the landlord as a result of the reletting must be deducted from the balance of rent due from the tenant. For purposes of this subsection,the terra"good faith in attempting to relet the premises''means that the landlord uses at least the same efforts to relet the preens es as were used in the initial rental or at least the same efforts as the landlord uses in attempting to rent other similar rental units but does not require the landlord to give a preference in renting the premises over other vacant dwelling units that the landlord owns or has the responsibility to rent; (3)Stand by and do nothing,holding the lessee liable for the rent as it comes due;or (4)Charge liquidated damages as provided in the rental agreement,or an early termination fee to the tenant if the landlord and tenant have agreed to liquidated damages or an early termination fee if the amount does not exceed 2 months'rent,and if, in the case of an early termination fee,the tenant is required to give no more than 60 days"notice,as provided in the rental agreement prior to the proposed date of early termination.This remedy is available only if the tenant and the landlord at the time the rental agreement was made indicated acceptance of liquidated damages or an early termination fee.The tenant must indicate acoeptance of liquidated damages or an early termination fee by signing a separate addendum to the rental agreement containing a provision in substantially the following form: _I I agree.as provided in the rental agreement,to pay (an amount that does not exceed 2 months`rent)as liquidated damages or an early termination fee if I elect to terminate the rental agreement and the landlord waives the sight to seek additional rent beyond the month in which the landlord retakes possession. I do not agree to liquidateddamages or an early termination fee and I acknowledge that the landlord may seek damages as provided by law. (a)In addition to liquidated damages or an early termination fee,the landlord is entitled to the rent and other charges accrued through the end of the month in which the landlord retakes possession of the dwelling unit and charges for damages to the dwelling unit. (b)This subsection does not apply if the breach is failure to give notice as provided ins 83.575- History m s.2 ch.87-369;s.4,ch 88-378 s.448 ch.95-147;s.2 ch,2008-131- 83.60 Defenses to action for rent or ion;procedure.- (1)(a) In an action by the landlord for possession of a dwelling unit based upon nonpayment of rent or in an action by the landlord under s. 83,55 seeking to recover unpaid rent,the tenant may defend upon the ground of a material noncomp i ance with s.83.51(1) or may raise any other defense,whether legal or equitable that he or she may have including the defense of retaliatory conduct in accordanoe with s. 83,64,The landlord must be given an opportunity to cure a deficiency n a notice or In Landlord'-" .... and Tena.j t, acknowledge receipt of a copy of this page which is Rage 15 of 18 (2)If a condominium association,as defined in chapter 718,a cooperative association,as defined in chapter 719,or a homeowners' association-as defined in chapter 720,requires a prospective tenant of a oonclorniinjurn unit,cooperative unit,or parcel within the association's control to complete a rental application before residing in a rental unit or parcel,the association must o:>mplete processing of a rental application submitted by a prospective tenant who is a serer rnlber,as defined in s,250.01,Wthin 7 days after submission and must,within that 7-day period,notify the servicemember in vwiting of an application approval or denial and if denied,the reason for the denial.Absent timely denial of the rental application,the association must allow the unit or parcel owner to lease the rental unit or parcel to the servicemember and the landlord must lease the unit or parcel to the servicemember if all other terms of the application and lease are complied with. (3)The provisions of this section may not be waived or mod[fted by the agreement of the parties under any circumstances. Landlord and Tena cknoWedge receipt of a copy of this page which is Page 18 of 18 Residential Lease for Single Family Home or Duplex (FOR A TERM NOT TO EXCEED ONE YEAR) A BOX Q OR A BLANK SPACE( __) INDICATES A PROVISION WHERE A CHOICE OR DECISION MUST BE MADE BY THE PARTIES. THE LEASE IMPOSES IMPORTANT LEGAL OBLIGATIONS. MANY RIGHTS AND RESPONSIBILITIES OF THE PARTIES ARE GOVERNED BY CHAPTER 83, PART 11, RESIDENTIAL LANDLORD AND TENANT ACT, FLORIDA STATUTE&A COPY OF THE RESIDENTIAL LANDLORD AND TENANT ACT IS ATTACHED TO THIS LEASE. 1. PARTIES.This is a lease(the"Lease")between LARANN,LLC,PO BOX 362042,MELBOURNE, FL 32936 (name and address of owner of the property) ("Landlord')and DERICA L. EDWARDS (name{s}of person(s)to whom the property is leased) ("Tenant"). Landlord's E-mail Address: LAM8ERREA8LILTD'�00L.COM Landlords Telephone Number: 561-736-9790 Tenants E-mail Address: Tenant's Telephone Number: 561-853-4104 2.PROPERTY RENTED.Landlord leases to Tenant the land and buildings located at 201B NE 9TH AVE,BOYNTON BEACH (street address) Florida 33435 (zip code) together with the following furniture and appliances[List all furniture and appliances. If none, write'none!] (In the Lease,the property leased, including furniture and appliances,if any,is called the"Premises"): OVER STOVE MICROWAVE, srovEjovEN, SMOKE DETECTORS, REFRIDGERA-rOR The Premises shall be occupied only by the Tenant and the following persons: CORDAIJAH BROWNDAUGHTER,DOM 1210812007(SYR), DARRIAN EDWARDS,SON,DOB:08117120 VER ON WEEKENDS ONLY. 3. TERM. This is a lease for a term, not to exceed twelve months, beginning on JUNE 1, 2017 and (nionth,day,year) ending MAY 31, 2018 (the"Lease Term"). (month,day,year) 4. RENT PAYMENTS,TAXES AND CHARGES.Tenant shall pay total rent in the amount of$_100.00 (excluding taxes)for the Lease Term.The rent shall be payable by Tenant in advance in installments or in full as provided in the options below, X in installments. If in installments, rent shall be payable P-11 X monthly, on the 1ST i ",_,,7 ay of each month (if left blank, on the first day of each month) in the amount of $700-00 per installment. OR weekly, on the_day of each week (if left blank, on Monday of each week.) in the amount of$ per installment. D in full on in the amount of (date) LandlordI and'Tiiinant it', acknowledge receipt of a copy of this page which is Page 1 of 18 RLHD-3x -4P.,e .7/16 Approved on A_p`NI 1-5,2010, by the Supreme Court of Florida,for use under rule 10-2.1(a)of the Rules Regulating the Florida Bar. Licensed to Atte Star Software and iD D-466333835.XIMB-103592 Software and added formatting C 2017 Alta Star Software,all rights reserved.-www.aftastar.com•(877)279.8898 Tenant shall also be obligated to pay taxes on the rent when applicable in the amount of with each rent installment E3 with the rent for the full term of the Lease, Landlord will notify Tenant if the amount of the tax changes. payment Summary If rent is paid in installments,the total payment per installment including taxes shall be in the amount of$_LO_O.00 . 71 If rent is paid in full,the total payment including taxes shall be in the amount of$_ Alt rent payments shall be payable to (name) at (if left blank,to Landlord at Landlord's address.) (address) s designated above, the rent shall be prorated from D If the tenancy starts on a day other than the first day of the month or week a through — in the amount of and shall be due (date) (date) on (if rent paid monthly, prorate on a 30-day month.) (date) Tenant shall make rent payments required under the Lease by(choose all applicable) X cash, D money order, >( cashier's check, or E] other (specify), if payment is accepted by any means other than cash, payment is not considered made unfit the other instrument is collected. IfTenant makes a rent payment with a worthless check, Landlord can require Tenant >( to pay all future payments by money order, cashiers check, or official bank check or J cash or other (specify) I and X to pay bad check fees in the amount of$50.00 (not to exceed the amount prescribed by Section 68.065, Florida Statutes). 6. MONEY DUE PRIOR TO OCCUPANCY. Tenant shall pay the sum of$ in accordance with this paragraph prior to occupying the Premises.Tenant shall not be entitled to move in or to keys to the Premises until all money due prior to occupancy has been paid. If no date is specified below,then funds shall be due prior to Tenant occupancy.Any funds designated in this paragraph due after occupancy, shall be paid accordingly. Any funds due under this paragra.ph shall be payable to Landlord at Landlord's address or to LARANN, LLC (name) at PO BOX 362042, MELBOURNE,FL 32936 (address) First X month's 1_1 week's rent plus applicable taxes $ 700.00 due -JUNE 1, 2017 Prorated rent plus applicable taxes $ due Advance rent for D month :1 week of plus applicable taxes S due Last X month's :1 week's rent plus applicable taxes $ 70000 due PAID ON IST LEASE TERM Security deposit $ 700.00 due PAID ON 1ST LEASE TERM Additional security deposit $ due Security deposit for homeowners'association $ due Pet Deposit S due other APPLICATION FEE $ 60.00 due PAID ON 1ST LEASE TERM Other CLEANING FEE $ 100.00 due PAID ON IST LEA SE TERAS Landlord r I and Tensttt acknowledge receipt of a copy of this page which is Page 2 of 18 RLHD-3x 6v.7/16 Approved on Al3fil 15,2010, by the Supreme Court of Florida,for use under rule 10-2.1(a)of the Rules Regulating the Florida Bar, Licensed to AU Star Software and 10.D-456333835.X1MB.103592 Software and added formatting @ 2017 Alta Star Software,all rights reserved.-wwwaltastar.com-(877)279.8898 . LATE FEES. (Complete if applicable) 1n addition to rent,Tenant shall pay a late charge in the amount of TO{ 147IAY (if left 9 blank, %cif the rent payment)for each rent payment made 4 days after the day it is due cif left blank, �days if rent is paid monthly, 1 day if rent is paid weekly). 7. PETS AND SMOKING. :_ _�� -- -- _- z � - Tenant may not keep pets or animals on the Premises. If Tenant may keep pets,the pets described in this paragraph are permitted on the Premises. NO PETS ALLOWED (Specify number of pets,type(s),breed,maximum adult weight of pets.) -,—_ii6im� ,. j ij 1, no smoking is permitted in the Premises. 8, NOTICES. DESIREE FINKELSTEIN is Landlord's Agent- All notices must be sent to Landlord LARANN,LLC at PO BC 362042,MELBOURNE, FL 32936 Landlord's Agent at unless Landlord gives Tenant written notice of a change All notices of such names and addresses or granges thereto shall be delivered to the Tenants residence or,if specified in writing by the Tenant„to any other address.All notices to the Landlord or the Landlord's Agent (whichever is specified above)shall be given by U.S,mail or by hand delivery- Any notice to Tenant shall be given by U.S.mall or delivered to Tenant at the Premises. If Tenant is absent from the Premises,a notice to Tenant may be given by leaving a copy of the notice at Premises. 9. UTILITIES. Tenant shall pay for all utilities services during the Lease Term and connection charges and deposits for activating existing utility connections to the Premises except for 112 OF THE MONTHLY WATER BILL NOT TO EXCEED$5&00 , that Landlord agrees to provide at Landlord's expense(if blank,then"NONE), 18, MAINTENANCE. Landlord shall be responsible for compliance with Section 83.51, Florida Statutes,. and shall be responsible for maintenance and repair of the Premises, unless otherwise stated below: (Fill in each blank space with "Landlord" for Landlord or "Tenant"for Tenant if left blank, Landlord will be responsible for the item): Landlorcirrenant Land lord/menant Landlordrrenant LandlordrTenant roofs j I windows j screens steps doors floors ""14" exterior walls foundations Q plumbing structural components heating hot water ! running water :1 locks and keys electrical system cooling smoke detection Q devices garbage removal/outside receptacles extermination of rats, mice, roaches,ants and bedbugs 1-1 extermination of wood-destroying organisms lawn/shrubbery POWAPIWA81 1W6 filters(specify) ceilings d interior walls ; Other(specify) TENANT IS REQUIRED TO CHANGE AIC FILTER MONTHLY AND KEEP AIC CRATES FREE OF C?E8R15. > Tenant shall notify at (name) (address) (if left blank„Landlord at Landlord's address)and of maintenance and repair requests. (telephone number) 11. ASSIGNMENT. ' i , Tenant may not assign the Lease or sublease all or any part of the Premises without first obtaining the Landlord's written approval and consent to the assignment or sublease. 12. KEYS AND LOCKS. Landlord shall furnish Tenant 1 #of sets of keys to the dwelling NIA #of mail box keys Ni°A #of garage door openers Landlord and Tenant I acknowledge receipt of a copy of this page which is Page 3 of 18 RLHD-3x W07/16 Approved on April 15,2010, by the Supreme Court of Florida,for use under rule t0-2.1(a)of the Rules Regulating the Florida Sar. Ucensed to Alta Star Sof ware and 1p D-456333635 XIMB 103592 Software and added formatting @ 2017 Alta Star Software,all rights reserved,•www.altastar.com•(877)279-8898 If there is a homeowners'association, Tenant will be provided with the following to access the association's common areasifacilities: #of keys to #of remote controls to #of electronic cards to other(specify)to At end of Lease Term,all items specified in this paragraph shall be returned to (name) at (if left blank, Landlord at Landlord's address). (address) 13. LEAD-BASED PAINT.X Check and complete if the dwelling was built before January 1, 1978. Lead Warning Statement(when used in this article,the term Lessor refers to Landlord and the term Lessee refers to Tenant). Housing built before 1978 may contain lead-based paint- Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, Lessors must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a federally approved pamphlet on lead poisoning prevention. Lessor's Disclosure(initial) (a)Presence of lead-based paint or lead-based paint hazards(check(i)or(ii)below). (i)_711 Known lead-based paint and/or lead-based paint hazards are present in the housing(explain). (i1)--;K—Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. _(b)Records and reports available to the Lessor(check(j)or(4)below): (i) :1 Lessor has provided the Lessee with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing(list documents below). (ii) X_Lessor has no reports or records pertaining to lead-based paint and/or tead-based paint hazards in the housing. Lessee's Acknowledgment(initial) (c)Lessee has received copies of all information listed above. Lessee has received the pamphlet Protect Your Family From Lead in Your Home. Agents Acknowledgment(initial) _(e)Agent has informed the Lessor of the Lessors obligations under 42 U.S.C, 4852d and is aware of his/her responsibility to ensure compliance. Certification of Accuracy The following p I'les have reviewed the information above and certify, to the best of their knowledge,that the information provided by following the signatory is rue and accurate, )b <_ t essoTgnature Date Lessor's signature Date DESIREEFINKELST IN LARANO LLC i9,l— 1_ 17%`s`Qnatu?e Gate Lessee's signature Date DERICA L. EDWARDS Agents signature Date Agents signature hate DESIREE FINKELSTEIN,LAMAR REALTY 14. SERVICEMEMBER. If Tenant is a member of the United States Armed Forces on active duty or state active duty or a member of the Florida National Guard or United States Reserve Forces, the Tenant has rights to terminate the Lease as provided in Section 83,682, Florid Statutes,the provisions of which can be found in the attachment to this Lease. -J 0 I Landlor and Tenant acknowledge receipt of a copy of this page which is Page 4 of 18 RLHD-3x v.7/16 Approved on April 15,20M by the Supreme Court of Florida,for use under rule 10-2,1(a)of the Rules Regulating the Florida Bar. Licensed to Alta Star Software and ID D456333935-XV013,103592 Software and added formatting C 2017 Alta Star Software,all rights reserved.-www.altastar.com-(877)279-8898 ^ . •r 'a Y! - : ...� ::_ :• •. + ! '. #" � fir,.... � :. . . :. /. r. . .rM / / .. a « '.• -rr / « ! r ! ,r ` •R:, . ;. ! it . # :..// / ... .,,.-/ • ;f ....«. . !• s / / s a' _r r a r / s Ysw r a r s s /r^ - ./ -• s ! -`r s a :- E . . sw / ! ^ a a _ a - w ! s . . 'E � � +s'r rs / sa s ^a • a / a` !^,/ ! * a :[. r r • /. .s^s ! a= a ^s r, s s s r -s s= !; s /- i ! . a �7 • r s- . s . -s - � as s . s a .,a ! ' s- - • �^' _ • r • s - ! ^ -. s' r' .ss rs- . . s. / ^ s sr; . ! �^ ^- E-- s^ .s . ! _ .« a .s - r Ys ■ r s - •" s - r E - a s 27.MISCELLANEOUS. A. Time is of the essence of the performance of each party's obligations under the Lease. B. The Lease shall be binding upon and for the benefit of the heirs, personal representatives, successors,and permitted assigns of Landlord and Tenant, subject to the requirements specifically mentioned in the Lease. Whenever used,the singular number shall Include the plural or singular and the use of any gender shall include all appropriate genders. C. The agreements contained in the Lease set forth the complete understanding of the parties and may not be clanged or terminated orally. G. No agreement to accept surrender of the Premises from Tenant will be valid unless in writing and signed by Landlord. E. All questions concerning the mooning, execution„ construction, effect, validity, and enforcement of the Lease shall be determined pursuant to the laws of Florida. F. A facsimile copy of the Lease and any signatures hereon shall be considered for all purposes originals. G.As required by law, Landlord snakes the following disclosure:"RADON CAS."Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health asks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department. 28, BROKER'S' COMMISSION. D Check and complete If applicable.. The brokerage companies named below will be paid the commission set forth in this paragraph by LJ Landlord El Tenant for procuring a tenant for this transaction. Real Estate Licensee Real Estate Licensee Real Estate Brokerage Company Real Estate Brokerage Company- Commission Commission 29, TENANT'S PERSONAL PROPERTY. TENANT MUST INITIAL IN THIS BOXT FOR THE FOLLOWING PROVISION TO APPLY. BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT tlPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE[DEATH OF THE LAST REMAINING TENANT,AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANTS PERSONAL PROPERTY. The Lease has been executed by the parties on the dates indicated below. Landlord's Signatur i)E dk'EE FINKELS$EIN,LARANN LLC Gate Lai re Gate Landlord's Signature Gate fbf nSnts,SignatureERICA L.EDWARDS Date - Tenant's Signature Gate - This form was completed with the assistance f: Name of Individual: DESIREE FINKELSTEIN Name of Business: I AMAR REALTY CORPORATION Address: PO BOX 362042,MELBOURNE, FL 32936 Telephone Number: 561-736-9790 Landlord and Tenant "" _ acknowledge receipt of a copy of this page which is Page 6 of 18 4, v�7iRLHD-3x 1 Approved on April 15,2010. by the Supreme Court of Florida.for use under rule 10-2.1(a)of the Rules Regulating the Florida Bar. Licensed to Alta Star Software and ID D--456333835 X1 MB 193592 Software and added formatting C 2017 Alta Star Software,all rights reserved.*wwwv.altastar.com•(877)279-8898 Early Termination Fee/Liquidated Damages Addendum I agree, as provided in the rental agreement,to pay$_1,_400.00 (an amount that does not exceed two months' rent)as liquidated damages or an early termination fee if 1 elect to terminate the rental agreement and the landlord waives the right to seek additional rent beyond the month in which the landlord retakes possession. :J I do not agree to liquidated damages or an early termination fee, and I acknowledge that the landlord may seek damages as provided by law. Landlord's Signature I DESIRE INKELSTEIN,LARANN LLC Date tL lcr�-Sigfnmma re Date Landlord's Signature Date Tenanrs Signature DERICA L. EDWARDS Date Tenants Signature Date Landlor and Tenant acknowledge receipt of a copy of this page which is Page 7 of LHD-3x - L 18 cl� Approved on April 15,2010, by the Supreme Court of Florida,for use under rule 10-2.1(a)of the Rules Rv,7/16 Regulating the Florida Bar, Licensed to Alta Star Softere and 10-0456333835.X1MBA03592 Software and added formatting Q 2017 Alta Star Software,all rights reserved.-www.altastar.com-(877)279-8898 A LTA ST,tR Florida Residential Landlord and Tenant Act PART fl RESIDENTIAL TENANCIES 83.40 Short title, 83,41 Application. 83,42 Exclusions from application of part. 83,43 Definitions. 83,44 cbigation of good faith. 83,45 Unconscionable rental agreement or provision. 83.46 Rent;duration of tenancies, 83,47 Proi*ited provisions in rental agreernents- 83,48 Altomey fees. 83.49 Deposit morey or advance rent;duty of landlord and tenant, 83,50 Disclosure of landlords address. 83,51 Landlords obligation to maintain premises. 83,52 Tenant's obligation to n-eintain dwelling unit. 83.53 Landlords access to dv&Aling unit. 83,535 Rotation bedding system;restrictions on use. 8354 Enforcement of rights and duties;civil action;airninal offenses. 83.55 Right of action for damages. 83.56 Termination of rental agreement. 83.561 Termination of rental agrupon foreclosure. 83:57 Termination of tenancy without specific term. 83-575 Termination of tenancy with specific duration. 83.58 Rerredes;tenant holding over. 83.59 Right of aciii on for possession- 83.595 Choice of remedies upon breach or early termination by tenant. 83-60 Defenses to action for rent or possession:p=edure. 83.61 Disbursement of funds in registry of court;prompt final hearing. 83.62 Restoration of possession to landlord. 83.625 Power to award possession and enter money judg n-ent 83.63 Casualty damage. 83,64 Retaliatory conduct. 83.67 Prohibited practices. 83,681 Orders to enjoin violations of this part, 83,682 Terrnination of rental agreement by a servioamenter. 83883 Rental application by a senAcemen-ber 83.40 Short title.- This part shall be known as the"Florida Resideential Landlord and Tenant Act."' History, s,2,ch.73-330. 83.41 Application.- This part applies to the rentai of a dwelling unit. History, s.2,ch.73-330-1 ss,2,20,ch.82-66. 83.42 Exclusions from application of part,- This part does not apply to: (1)Residency or detention in a facility,whether public or private,when residence or detention is incidental to the provision of medical, geriatric,educational,counseling,religious,or similar services.For residents of a facility licensed under part H of chapter43,the provisions of s.400.0255 are the exclusive procedures for all transfers and discharges, (2)Occupancy under a ooatraz1 of sale of a dwdling unit or the property of Mich it is a part in Mich the buyer has paid at least 12 months' rent or in which the buyer has paid at least 1 rnorth's rent and a deposit of at least 5 percent of the purchase price of the property. (3)Transient occupancy in a hotel,condorririum,motet,roorringhouse,or similar puNic lodging,or transient occupancy in a mobile home park (4)Occupancy by a holder of a proprietary lease in a oxPeirative apartrnent. (5)Occupancy by an owner cf a oondomiNum unit. History, s.2,ch.73-330;s.40.ch.2012-160:s- 1,ch.2013-136. 83.43 Definitions, As used in this part,the following words and terms,shall have the ficilowing meanings unless some other meaning is plainly indicated: (1)"'Building,housing,and health codes"mans any law,ordi nanoe,or govemmental regulation concerni ng health,safety,sanitation or fitness for habitation,or the construction,maintenance,operation,occupancy,use,or appearance,of any dwelling unit, (2)"Dwelling unit""rims: (a)A structure or part of a structure that is rented for use as a home,residenoe,or sleeping place by one person or by two or more persons vvfio maintain a oxinon household. (b)A mobile home rented by a tenant. (c)A structure or part of a structure that is famished,with or without rent,as an incident of employment for use as a home,residence,or sleeping place by one or more persons. (3)"Landlord"means the owner or lessor of a dwelling unit. (4)"Tenant'"mearis any person entitled to occupy a dwelling unit under a rental agreement, Landlord and Tenant acknowledge receipt of a copy of this page which is Page 8 of 18 (5)"Premises"means a dwelling unit and the structure of Mich it is a part and a mobile home lot and the appurtenant facilities and grounds,areas,facilities,and property held out for the use of tenants generally (6)""Rent`"means the periodic payments due the landlord from the tenant for occupancy under a rental agreement and any other payments due the landlord from the tenant as may be designated as rent in a written rental agreement. (7)"Rental agreemerif'means any written agreement,i nd uding amendments or addenda,or oral agreement for a duration of less than 1 year,providing for use and occupancy of premises, (8)"Good faith"means honesty in fact in the conduct or transaction concerned. (9)"Advance ren"'means moneys paid to the landlord to be applied to future rent paymerilt periods,but does not include rent paid in advance for a current rent payment period. (10)'Transient occupancy'means occupancy when it is the intention of the parties that the occupancy will be ternporary. (11)"Deposit money' ns any money held by the landlord on behalf of the tenant,including,but not limited to,damage deposits, security deposits,advance rent deposit,pet deposit,or any contractual deposit agreed to betwoeen I andlord and tenant either in writing or orally. (112)"Security depcGits"means any moneys held by the landlord as security for the performance of the rental agreement,including,but not limited to,monetary damage to the landlord caused by the tenant's breach of lease prior to the expiration thereof. (13)"Legal holiclay"means holidays observed by the clerk of the court. (14)"Servioemen-ber"shall have the same meaning as provided ins 250,01 (15)"Active duty'shall have the same meaning as provided ins 250.91. (16)"State active dLAY'shall have the same meaning as provided ins 250,01. (17)"Early termination feePmeans.any charge,fee.or forfeiture that is provided for in a written rental agreement and is assessed to a tenant when a tenant elects to ten-Nnate the rental agreement,as provided in the agreement,and vacates a dwelling unit before the end of the rental agreement.An early ternrination fee does not include: (a)Unpaid rent and other accrued charges through the end of the month in which the landlord retakes possession of the doodling unit. (b)Charges for damages to the doodling unit. (c)Charges associated with a rental agreement settlement,release,buyout,or accord and satisfaction agreement. History-- s,2,ch.73-330-,s-1,ch.74-143;s. 1,ch.81-190;&3,ch,83-151;s. 17,ch.94-170'&2,ch.2003-72.'s.1,ch.2008-131 83.44 Obligation of good faith.- Every rental agreement or duty within this part imposes an obligation of good faith in Its performance or enforcement, History, s.2,ch.73-3M 83.45 Unconscionable rental agreement or provision, (1)If the court as a matter of law finds a rental agreement or any provision of a rental agreement to have been unconscionable at the time it was made,the court may refuse to enforce the rental agreement,enforce the rerreinclar of the rental agree-rent without the unconscionable provision,or so lirrit the application of any unconscionable provision as to avoid any unconscionable result, (2)V\,,hen it is claimed or appears to the court that the rental agreement or any provision thereof may be unconscionable,the parties shall be afforded a reasonable opportunity to present evidence as to meaning,relationship of the parties,purpose,and Effect to aid the court in making the deten-Nnation. History, s.2 ch.73-330. 83.46 Rent;duration oftenancies,- (1)Unless otherwise agreed,rent is payable without demand or notice:periodic rent is payable at the beginning of each rent payment period;and rent is uniformly apportionable frond day to day. (2)If the rental agreement contains no provision as to duration of the tenancy.the duration is determined by the periods for which the rent is payable.If the rent is payable weekly,then the tenancy is from week to week-,if payable monthly.tenancy is from month to month,if payable quarterly,tenancy is from quarter to quarter;if payable yearly,tenancy is from year to year. (3)If the dwelling unit is furnished without rent as an incident of employment and there is no agreement as to the duration of the tenancy, the duration is determined by the periods for which wages are payable,if wages are payable weekly or more frequently,then the tenancy is from week to voeek;and if wages are payable monthly or no wages are payable,then the tenancy is from month to month. In the event that the en-ooyee ceases employrrient,the employer shall be entitled to rent for the period from the day after the employee ceases employment until the day that the dwelling unit is vacated at a rate equivalent to the rate charged for similarly situated residences in the area.This subsection shall not apply to an employee or a resident manager of an apartment house or an apartment complex when there is a written agreement to the ocintrary- History, s.2,ch,73-330:&2,ch.81-190;s.2,di 87-195,s,2,ch.90-133;s. 1.ch,93-255. 83.47 Prohibited provisions in rental agreernents-- (11)A provision in a rental agreement is void and unenforceable to the extent that it: (a)Purports to waive or preclude the rights,remedies,or requirements set forth in this part, (b)Purports to limit or preclude any liability of the landlord to the tenant or of the tenant to the landlord,arising under law. (2)if such a void and unenforceable provision is included in a rental agreement entered into,extended,or renewed after the effective date of this part and either party suffers actual damages as a result of the inclusion,the aggrieved party may recover those damages sustained after the effective date of this part. History, s.2,ch.73-330. 83,48 Attorney fees.- In any civil action brought to enforce the provisions of the rental agreement or this part,the party in votiose favor a judgment or decree has been rendered may recover reasonable attorney fees and court costs from the nonprevailing party.The fight to attomey fees in this section may not be waived in a lease agreement.However,allomey fees may not be awarded urxier this section in a claim for personal injury damages based on a breach of duty under s,83.51 History.- s.2,ch.73-330;s,4,ch.83-151 s-2,ch.2013-136. 83.49 Deposit money or advance rent;duty of landlord and tenant, Landlord L___�and Tenant�AAI L____l acknowledge receipt of a copy of this page which is Page 9 of 18 (1)V\henever money is deposited or advanced by a tenant on a rental agreernent as security for performance of the recital agreement or as advance rent for other than the next immediate rental period,the landlord or the land!ord's agent shall either: (a)Hold the total arrunt of such money in a separate non-interest-bearing account in a Florida banking institution for the benefit of the tenart or tenants.The landlord shall not commingle such moneys with any other funds of the landlord or hypothecate,pledge,or in any other way rake use of such moneys until such moineys are actualy due the landlord„ (b)Hold the total amount of such money in a separate intent-bearing aunt in a Florida banking institution for the benefit of the tenant or tenants,in which rase the tenant shall receive and collet interest in an amount of at least:75 percent of the annualized average interest rate payable on such account or interest at the rate of 5 percent per year,simple interest,whiter the landlord elects.The landlord shall not commingle siert i moneys with any other funds of the Iandlord or hypothecate,pledge,or in any other way rake use of such moneys until such moneys are actually due the landlord,or (c)Post a surety bond,executed by the landlord as principal and a surety company authorized and licensed to do business in the state as surety,with the clerk of the circuit court in the Ginty in whaclh the dwelling unit is Iocated in the total amount of the security deposits and advance rent he or she holds on behalf of the tenants or M,000,whichever is less.The boned shall be conditioned upon the faithful comp] of the landlord with the provision of this section and shall run to the Governor for the benefit of any tenant inured by the landlord's violation of the provisions of this section.In addition to posting the surety bond,the landlord shall pay to the tenant interest at the rate of 5 percent per year,simple intent.A landlord,or the landlords agent,engaged in the renting of dwelling units in five or erre counties,,who holds depose moneys or advance rent and who is otherwise subject to the provisions of this section,may,in lieu of posting a surety bond in each county,elm to post a surety bond in the form and mariner provided in this paragraph with the office of the Secretary of State.The bond shall be in the total amount of the security deposit or advance rent held on behalf of tenants or in the amount of$250,000, whichever is less.The bond shall be conditioned upon the faithful o r pliance of the landlord with the provisions of this section and shall run to the Governor for the bereft of any tenant rryured by the landlord's violation of this section.In addition to posting a surety bond,the landlord shall pay to the tenant interest on the purity deposit or advance rent held on behalf of that tenant at the rate of 5 percent per year simple interest. (2)The landlord shall,in the lease agreement or within 30 days after receipt of advance rent or a security deposit,give written notice to the tenant which includes disclosure of the advance rent or security deposit.Subsequent to providing such written nonce,if the landlord changes the manner or location in which he or she is holding the advance rent or security deposit,he or she must notify the tenant within 30 days after the change as provided in paragraphs(a)-(d).The landlord is not required to give new or addtioxial notice solely because the depository has merged with another financial institution,changed its nam:,or transferred ownership to a different financial intitution.This subsection does not apply to any landlord who rents fewer than five individual dwelling units.Failure to give this notice is not a defense to the payment of rent when due.The written notice rest: (a)Be given in person or by rail to the tenant. (b)State the nacre and address of the depository where the advance rent or security deposit is being held or state that the landlord has posted a surety gond as provided by law. (c)State whether the tenant is enticed to interest on the deposit. (d)Contain the following disclosure: YOUR LEASE REQUIRES PAYMENT OF CERTAIN DEPOSITS.THE LANDLORD MAY TRANSFER ADVANCE RENTS TO TIME LANDLORD'S ACCOUNT AS THEY ARE DUE AND WITHOUT NOTICE.V\HE.N YOU MOVE OUT.YOU MUST GIVE THE LANDLORD YOUR NEVVADCRESS SO THAT TIME LANDLORD CAN SEND YOU NOTICES REGARDING YOUR DEPOSIT,THE LANDLORD MUST MAIL YOU NOTICE,WTHIN 39 DAYS AFTER YOU MOVE OUT,OF THE LANDLORD'S INTENT TO IMPOSE A CLAIM AGAINST THE DEPOSIT.IF YOU DO NOT REPLY TO THE LANDLORD STATING YOUR OBJECTION TO THE CLAM WTHl N 15 DAYS AFTER RECEIPT OF THE LANDLORD'S NOTICE THE LANDLORD WILL COLLECT THE CLAM AND MUST MAIL YOU THE REMAINING DEPOSIT,IF ANY, IF THE LANDLORD FAILS TO TIMELY NIAIL YOU NOTICE,THE LANDLORD MUST RETURN THE DEPOSIT BUT MAY LATER FILE A LAWSUIT ALAI NST YOU FOR DAMAGES. IF YOU FAIL TO TIMELY OBJECT TO A CLAIM,THE LANDLORD MAY COLLECT FROM THE.DEPOSIT,BUT YOU MAY LATER FILE A LAWSUIT CLAIMING A REFUND. YOU SHOULD ATTEMPT TO INFORMALLY RESOLVE ANY DISPUTE BEFORE FILING A LAWSUIT.GENERALLY„THE PARTY IN VMOSE FAVOR A JUDGMENT IS RENDERED WILL BE AWARDED COSTS AND A17ORNEY FEES PAYABLE BY THE LOSING PARTY, THIS DISCLOSURE IS BASIC,PLEASE REFER TO PART ll OF CHAPTER S3,FLORIDA STATUTES,TO DETERMINE YOUR LEGAL. RIGHTS AND OBLIGATIONS. (3)The Landlord or the landlords agent may disburse advance rents from the deposit acoxa to the landlord's berefit when the advance rental period commences and without notice to the tenant For a]I other deposits: (a)Upon the vacating of the premises for termination of the lease,if the landlord does not intend to impose a claim on the security deposift, the landlord shall have 15 days to return the security deposit together with intent if otherwise required,or the landlord shall have 30 days to give the tenant written notice by certified trail to the tenant's test known mailing address of his or her intention to impose a claim on the deposit and the read for imposing the daim.The notice shall contain a staternent in substantially the following form: This is a notice of trey intention to impose a claim for damages in the amount of upon your security deposit,due to It is sent to you as required by s.83,49(3),Flonda Statutes,You are hereby notified that you must obj ect in writing to this deduction from your security deposit within 15 days from the titre you receive this notice or I WWI be authorized to deduct my claim from your securi If the landlord fails to give the required notice within the 30-day period,he or she forfeits the right to impose a daim upon the security deposit and may riot seek a setoff against the deposit but may file an action for danges after return of the deposit. (b)Unless the tenant objects to the imposition of the landlord's claim or the amount.thereof Wthin 15 days after receipt of the landlord's notice of intention to impose a claim the landlord may then deduct the amount of his or her claim and shall ren-it the balance of the deposit to the tenant within 30 days after the date of the notice of intention to i a claim for damage&The failure of the tenant to make a timely objection does not waive any rights of the tenant to seek damages in a separate action (c)If either party institutes an action in a court of competent jurisdiction to adjudicate the party s right to the security deposit,the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney.The court shall advance the cause on the calendar. (d)Comirliance with this sectio-by an individual or busing entity authorized to conduct business in this state,including Rofida-lied real estate brokers and sales associates,constitutes corrpliance with all other relevant Florida Statutes pertaining to security deposits held pursuant to a rental agreement or other'landlord-tenaut relationship.Enforcement personnel shall look solely to this 5Wion to deterrnne compliance.This section prevails over any conflicting provisions in chapter 475 and In other sections of the Florida Statutes,and shall operate to permit Iloensed real estate bracers to disburse security deposits and deposit money without having to amply with the notice and settlement procedures contained in s.475°25(1)(d) (4)The provisions of this section do not apply to transient rentals by hotels or motels as defined in chapter 509;nor do they apply in these instances in winch the amount of rent or deposit,or both,is regulated by law or by rule or regulations of a public body,including public housing authorities and federally administered or regulated housing program including s.202,s.221(d)(3)and(4),s.236,.or s,8 of the National Housing Act,as amended,other than for rent stabilization°With the exception of subsections(3),(5),and(6),this section is rx)t applicable to housing a"rifies or public housing agencies created pursuant to chapter 421 or other statutes. (5)kept Wien otherwise provided by the temis of a written lease,any tenant who vacates or abandons the premises prior to the expiration of the tears specified in the written lease,or any tenant who vacates or abandons premises which are the subject of a tenancy from week to week,month to month,quarter to quarter,or year to year,shall give at least 7 days'written notice by certified rail or personal delivery to the landlord prior to vacating or abandoning the premises which notice shall include the address where the tenant may be reached.Failure to give such nota shall relieve the landlord of the nota requirerrient of paragraph(3)(a)but shall not waive any right the tenant may have to the security deposit or any part of it. ( )For the purposes of this part,a reneival of an existing rental agreement shall be considered a new,rental agreerrient,and any security deposit carried forward shall be considered a new security deposit. (7)Upon the sale or transfer of title of the rental property from one owner to another,or upon a change in the designated rental agent,any and all security deposits or advance rents being held for the benefit of the tenants shall be transferred to the new owner or agent,together with any eamed snferest and with an accurate accounting shaving the amounts to be credited to each tenant account.Upon the transfer of such funds and records to the new owner or agent,and upon transmittal of a written receipt therefor,the transferor is free from the obligation imposed in subsection(1)to hold such moneys on behalf of the tenant.There is a rebuttable presurniotion that any new owner or agent received the security deposit from the previous owner or agent;however,this presumption is limited to 1 mor&s rent.This subsection does not excuse the landlord or agent for a violation€of other provisions of this section while in possession of such deposits. (8)Any person licensed under the provisions of s.509.241,unless excluded by the provisions of this part,who fails to corroy with the provisions of this part shall be subject to a fire or to the suspension or revocabon of his or her license by the Dvision of Hotels and Restaurants of the Department of Business and Professional Regulation in the manner provided in s.509.261. (B)In those case in which interest is required to be paid to the tenant,the landlord shall pair directly to the tenant,or credit against the current rrmth°s rent,the interest die to the tenant at least once annually.Fkmever.no interest shall be due a tenant who wrongfully terninates his or her tenancy prior to the end of the rental term. History.- s. 1 ch.69-282;s.3,ch.74-360;s.1 ch.72-19;s.1,ch,72-43;s°5,ch.73-330;s.1 ch,74-93;s.3,ch.74-146;ss.1,2,ch. 75-133„s° 1,ch.76.15;s°1,chi 77-445:s.20,ch, ,s.21,cit.82-66;s.5,car,83-151;s 13,car.33-217;s.3,car.87-195;s. 1,ch.87- 3691 s.3,ch.88-379,s.2,ch,93-255;s 5 ch.94-218;s.1372,cfr.95-147.s.1,cK 96-146;s 1,ch.2001-179 s 53,cK 2003-164;s.3, ch..2013-136. Note- Formers 83.261. 83.50 Disclosure of landlord's address.- In addition to any other disclosure required by law,the landlord,or a person authorized to enter into a rental r rt on the landlord's behalf,shall disclose in writing to the tenant,at or before the commanoernent of the tenancy,the name and address of the Ian llord or a person authorized to receive notices and demands in the Iandford's behalf.The person so authorized to receive notices and demands retains authority until the tenant is notified otherwise.All notices of such n and addresses or changes thereto shall be delivered to the tenant's residence or,if specified in writing by the tenant,to any other address. History.- s.2,ch.73-330;s°443,ch.95-147;s.5 ch.2013-136. 88.51 Landlord's obligation to maintain Premises.- (1) remises-(1)The landlord at all times during the tenancy shall: (a)Cornply with the requirements of applicable building,housing,and health codes;or (b)\Atlere there are no applicable bull ding,ho using,or health dues„maintain the roofs,w ndows,doors,floors,steps,porches,exterior walls,foundations,and all other statural components in good repair and capable of resisting normal forces and loads and the plumdng in reasonable working condition.The landlord,at comrsencement of the tenancy,must ensure that peens are installed in a reasonable condition.Thereafter,the landlord mast repair damage to screens once annually,when necessary,until termination of the rental _ agr t. The landlord is not required to maintain a mobile home or other structure dried by the tenant,The landlord's obligations under this subsection may be altered or modified in writing with respect to a single-family hone or duplex, (2)(a)Unless otherwise agreed in writing,in addition to the requirements of subsection(1),the landlord of a dwelling unit other than a single-family home or duplex shall,at all times during the tenancy,make reasonable provisions for_ Landlor f 1 and Tenant acknowledge receipt of a copy of this page which is Page 11 of 18 1.The extermination of rats,mice.roaches,ants,wood-destroying organisms,and bedbugs.When vacation of the premises is required for such extermination,the landlord is not liable for damages but shall abate the rent.The tenarft must temporarily vacate the premises fora period of time not to exceed 4 days,on 7 days"vAitten nouns;,if necessary,for exterrTination pursuant to this subparagraph. 2.Locks and keys. &The dean and safe condition of common areas, 4.Garbage re and outside receptacles therefor, 5.Functioning facilities for heat during Writer,running water,and hot water, (b)Unless otherwise agreed in writing,at the commencement of the tenancy of a single-farnily homeor duplex,the landlord shall install working smoke detection devices.As used in this paragraph,the term"smoke detection device"mans an electrical or battery-operated device Mich detects visible or invisible particles of combustion and Mich is listed by Underwriters Laboratories, Ino.,Factory Mutual Laboratories,Inc-,or any other nationally recognized testing laboratory using nationally accepted testing standards. (c)Nothing in this part authori zes the tenant to railse a norcornpl iance by the landlord with this subsection as a defense to an actin for possession under s.8159, (d)Thos subsection shall not apply to a mobile home owned by a tenant, (e)Nothing contained in this subsection prohibits the landlord from providing in the rental agreement that the tenant is obligated to pay costs or charges for garbage removal,water,fuel,or utilities. (3)If the duty imposed by subsection(1)is the same or greater than any duty in-posed by subsection(2),the landlords duty is deter rived Icy subsection(1). (4)The landlord is not responsible to the tenant under this section for conditions created or caused by the negligent or wrongful act or omission of the tenant,a member of the tenants family,or other person on the premises with the tenants consent. History.- s.2,ch.73-330 s.22,ch,82-66-1 s.4,ch.87-195;s. 1,ch,90-133;s.3,ch.93-255:s.444,ch,95-147;s.8,ch.97-95,s.6,ch. 2013-136 83.52 Tenants obligation to maintain dwelling unit.- The tenant at all times during the tenancy shalt (1)Comply with all obligations imposed upon tenants by applicable provisions of building,hous:inq,and health codes. (2)Keep that part of the premises which he or she occupies and uses clean and sanitary. (3)Remove from the tenant's dwelling unit all garbage in a dean and sanitary manner. (4)Keep all plurribing fixtures in the dwelling unit or used by the tenant dean and sanitary and in repdir. (5)Use and operate in a reasonable manner all electrical,plumbing,sanitary,heating,ventilating,air-conditioning and other facilities and apoiances,including elevators. (6)Not destroy,deface,da e,in-pair,or remove any part of the premises or property therein belonging to the landlord nor pen-nit any person to do so. (7)Conduct hi rriself or herself,and require other persons on the premises with his or her consent to conduct themselves,in a manner that does not unreasonably disturb the tenants neighbors or constitute a breach of the peace. History.- s.2,ch.73-330;s,445,cft 95-147. 83.53,Landlord's access to dwelling unit- (1)The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit from time to time in order to inspect the premises,make necessary or agreed repairs,decorations,alterations,or imlxovements;supply agreed services;or exhibit the dwe-Ang unit to prospective or actual purchasers,mortgagees,tenants,workers,or contractors. (2)The landlord may enter the dwelling unit at any time for the protection or preservation of the prernises.The landlord may enter the dwelling unit upon reasonable notice to the tenant and at a reasonable time for the purpose of repair of the premises."Reasonable noti ce" for the purpose of repair is notice given at least 12 hours prior to the entry,and reasonable tine for the purpose of repair shall be be the hours of 7:30 a.m.and&00 p.m.The landlord rnay enter the dwelling unit when necessary for the further purposes set forth in subsection(1)under any of the following ci rcumstanoes: (a)With the consent of the tenant, (b)In case of emergency, (c)Wheri the tenant unreasonably withholds consent-,or (d)If the tenant is absent from the premises for a period of time equal to one-half the firne for periodic rental payments.If tyre rent is current and the tenant notifies the landlord of an intended absence,then the landlord may enter only with the consent of the tenant or for the protection or preservation of the premises. (3)The landlord shall not abuse the right of access nor use it to harass the tenant. History- s.2,ch.73-3317.s.5,ch.87-195;s.4,cin.93-255;&446,ch,95-147. 83.535 Flotation bedding system;restrictions on use, No landlord may prohibit a tenant from using a flotation bedding system in a dwelling unit,provided the flotation bedding system does not violate applicable building codes.The tenant shall be required to carry in the tenant's name ftation insurance as is standard in the industry in an amount deerred reasonable to protect the tenant and awner against personal injury ury and property damage to the dv�el U N units.In any case,the policy shall carry a loss payable clause to the owner of the building. History, s.7,ch.82-66;s,5,ch.93-255. 83.64 Enforcement of rights and duties-,civil action;criminal offenses, Any right or duty declared in this part is enforceable by civil action.A right or duty enforced by civil action under this section does not preclude prosecution for a criminal offense related to the lease or leased property. History.- s.2,ch.73-330,s,7,ch.2013-136., 8155 Right of action for damages,- If either the landlord or the tenant fails to comply with the requiren-ants oftherental agreerrient or this part,the aggrieved party may recover the damages caused by the noncompliance. History.- s.2,ch.73-330. 83.66 Termination of rental agreement- -,f — Landlord and Tenant L��L___j acknowledge receipt of a copy of this page which is Page 12of18 (1)If the landlord materially fails to cornply with s.83.51(1)or material provisions of the rental ag reemnt within 7 days after delivery of written notice by the tenant specifying the noncompl lance and indcating the intention of the tenant to terni nate the rental agreement by reason thereof,the tenant may terrrf nate the rental agreement.If the failure to ocrnply with s.83.51(1)or material provisions of the rental agreement is due to causes beyond the control of the landlord and the landlord has made and continues to crake every reasonable effort to correct the failure to comply,the rental agreernent may be terminated or altered by the panes,as follows. (a)If the landlords failure to con ply renders the dwelling unit unteriantade and the tenant vacates,the tenant shall not be liable for rent during the period the dwelling unit ren-6 ns uninhabitable. (b)If the landlord's failure to cornply does not render the dwelling unit untenantable and the tenant remains in occupancy,the rent for the period of noncompliance shall be reduced by an arnount in proportion to the loss of rental value caused by the noncompliance. (2)If the tenant materially fails to coVy with s.83.52 or material provisions of the rental agreement,other than a failure to pay rent,or reasonable rules or regulations,the landlord may: (a)If such namompliance,is of a nature that the tenant should not be given an opportunity to cure it or if the noncorripliance constitutes a subsequent or continuing non iance within 12 months of a written warning by the landlord of a similar violation,deliver a written notice to the tenant specifying the noncornphance and the landlord's intent to terminate the rental agreement by reason thereof.Exarrples of nonc p!ianre which are of a mature that the tenant should not be given an opportu nrty to sire it dude,but are not limited to,destruction, damage,or misuse of the landlord's or other tenants'property by intentional act or a.subsequent or oonfinued unreasonabl e disturbance.In such event,the landlord may terminate the rental agreement,and the tenant shall have 7 days from the date that the notice is delivered to vacate the premises,The notice shall be in substantially the following form. You are advised that your lease is terminated effective immediately.You shall have 7 clays from the delivery of this letter to vacate the premises.This action is taken because (ate the noncarnpliance) . (b)If such noncoi-oi ance is of a nature that the tenant should be given an opportunity to cure it,deliver a written notice to the tenant specifying the nomnViance,including a notice that,if the noncompliance is notcorrected v'Athin 7 days from the date that the written notice is delivered,the landlord shall ten nate the rental agreement by reason thereof.Examples of such noncompliance include,but are not Iirrrlted to,activities in contravention of the lease or this part such as having or permitting unauthorized pets guests,or vehicles;parking in an unauthorized manner or permitting such parking„or failing to keep the premises clean and sanitary If such noncompliance recurs within 12 months after notice,an eviction action may oa nce without delivering a subsequent notice pursuant to paragraph(a)or this paragraph.The notice shall be in substantially the following form: You are hereby notified that (cite the no lianoe) .Den-and is hereby made that you remedy the noncompliance within 7 days of receipt of this notice or your lease shall be deemed terminated and you shall vacate the premises upon such termination.If this same conduct or conduct of a similar nature is repeated within 12 months,your tenancy is subject to tem tination without further warning and without your bang given an opportunity to cure the noncompliance. (3)If the tenant fails to pay rent when due and the default continues for 3 days,excluding Saturday,Sunday,and legal holidays,after delivery of written demand by the landlord for payment of the rent or possessiori of the premises,the landlord may terminate the rental agreement Legal holidays for the purpose of this section shall be art-observed holidays only.The 3-day notice shall contain a statement in substantially the following form: You are hereby notified that you are indebted to ire in the sura of dollars for the rent and use of the premises (address of leased prerrtises including county) ,Florida,now occupied by you and that t demand payment of the rent or possession of the premises within 3 days(excluding Saturday,Sunday,and legal holidays)from the date of delivery of this notice,to wit:on or before the day of , (year) , (landlords name,address and phone number) (4)The delivery of the written notices required by subsections(1),(2) and(3)shall be by mailing,or delivery of a true copy thereof or,if the tenant is absent from the premises,by leaving a copy thereof at the resi dence,The notice requirements of subsections(1),(2),and(3)may not be waived in the lease. (5)(a)if the landlord accepts rent worth actual knoWedge of a noncoap lanae by the tenant or accepts perloni-iarre by the tenant of any other provision of the rental agreement that is at variance with its provisions,or if the tenant pays rent with actual knowledge of a. noncompl iance by the landlord or accepts perforrnoe by the landlord of any other provision of the rental agreement that is at variance with its provisions,the landlord or tenant waives his or her right to terrnnate the rental agreement or to bring a civil action for that noncomipliance,but not for any subsequent or continuing novo ornpliarre,However.a landlord does not waive the right to terrninate the rental agreement or to bring a civil action for that noncornpliance by accepting partial real for the period If partial rent is accepted after posting the notice for nonpayment,the landlord must: 1.provide the tenant with a receipt stating the date and amount received and the agreed upon date and balance of rent due before filing an action forpossession; 2.place the annount of glial rent accepted from the tenant In the registry of the court upon filing the action for possessicn,or 3.Post a new 3-day notice reflecting the new amount due. (b)Any tenant who wishes to defend against an action by the landlord for possession of the unit for nonoornipliance of the rental agreement or of relevant statutes must comply With s.83.60(2).The court may not set a date for mediation or trial unless the provisions of s.83.60(2) have been met,but must enter a default judgment for removal of the tenant Wath a writ of possession to issue immediately if the tenant falls to comply with s 83.60(2)- (c)This subsection does not apply to that portion of rent subsidies rived from a local,state,or national government or an agency of local,state,or national government:however,waiver will occur if an action has riot been instituted within 45 days after the landlord obtains actual knowledge of the noncompliance, (6)If the rental agreement is lerrTinated,the landlord shall comply Wath s.8349(3). History.- s.2,ch.73-330;s.23,cK 82-66;s.6,ch.83°153:s 14 chi 83-217,s.6.ch.87-195;s,6,ch.93.255;s.6,chi.94-170;s.1373„ ch, -147;s.5.ch.99-6;s.8,ch.2013-136.. Landlord, l and Tenant acknowledge receipt of a copy of this page which is Page 13 of 1 83.561 Termination of rental agreement upon foreclosure- (1)If a tenant is occupying residential prenises that are the subjJect of a forectosure sale,upon issuance of a certificate of title following the sale,the purchaser nam in the certificate of title takes title to the residential prenises sul ect to the rights of the tenant under this section. (a)The tenant may remain in possession of the prernises for 30 days following the date of the purchaser's delivery of a written y notice of terrrdration. (b)The tenant is entitled to the protections of s.83.67. (c)The 30-day notice of termination must be in substantially the fdllc ng form: NOTICE TO TENANT OF TERlvlINKIFION You are hereby notified that your rental agreernent is ten-inated on the date of delivery of this notice,tf iiat your occupancy yy is tem!nated 30 days following the date of the delivery of this notice,and that I demand possession of the premises on (date) .If you do not vacate the premises by that date,I will ask the cart for an order allowing me to remove you and your belongings from the premises.You are obligated to pay rent during the 30-day period for any amount that might Prue during that period.Your rent mist be delivered to (landlord's nacre and address) . (c)The 30-day notice of ter rination shall be delivered in the same manner as provided In s.83.56(4). (2)The purchaser at the foreclosure sale may apply to the hurt for a writ of possession based upon a svwom affidavit that the 30-day notice of termination was delivered to the tenant and the tenant has failed to vacate the prrerrfses at the conclusion of the 30-day period.If the court awards a writ of possession,the wnt must be served on the tenant.The vent of possession shall be governed by s 83.62. (3)This section does not apply if: (a)The tenant is the mortgagor in the subject foreclosure or is the child,spouse.or parent of the mortgagor in the subject foreclosure. (b)The tenant's rental agreement is not the result of an arm s length transaction. (c)The;tenant's rental agreement db&G the tenant to pay reit that is substantially less than the fair market rent for the premises unless the rent is reduced or subsidized due to a federal,state,or local subsidy. (4)A purchaser at a foreclosure sale of a residential premises occupied by a tenant does not assume the obligations of a landlord,except as provided in paragraph(1)(b),unless or until the purchaser assurres an existing rental agreement with the tenant that has not ended or enters into a new rental agreenrent Wath the tenant.. History.- s.1,cK 2015-96- 83.57 Termination of tenancy without specific term.- Atenancy without a specific duration as defined ins.83 46(2)or(3),troy be terminated by either party giving written notice in the manner provided in s.83.56(4),as fottmvs: (1)When the tenancy is from year to year,by giving not less than 60 days`nonce prior to the end of any annual peri ad (2)When the tenancy is from quarter to quarter,by givirig not less than 30 days'notice prior to the end of any quanedy period; (3)'VVIien the tenancy is from month to month,by giving not less than 15 days'notice prior to the end of any monthly period;and (4)V�hen the tenancy is from week to week,by giving not less than 7 days`notice prior to the end of any weekly period. History.- s.2,ch.73-330;s.3,cln 81-1913;s.18 ch.83-217, 83.676 Termination of tenancy with specific duration- (1)A rental agreement wain a specific duration may contain a provision requiring the tenant to notify the landlord within a specified period before vacating the premises at the end of the rental agreement,if such provision requires the landlord to notify the tenant within such notice period if the rental agreement will not be renewed:haAever,a rental agreement may not require more than 60 days'notice from either the tenant or the Iaridlord. (2)A rental agreement Wath a specific duration may provide that if a tenant fails to give the required notice before vacating the premises at the end of the rental agreement,the tenant may be liable for liquidated dam ger as specified in the rented agreement ff the landlord provides written notice to the tenant specifying Oes tenant`s obligations under the notification provision contained in the lease and the date the renal agreement is to 'hated.The tanord must provide such written notice to the tenant within 15 days before the start of the notification period contained in the lease.The written notice shall list all fees penalties,and other charges applicable to the tenant under this subsection, ( )If the tenant remains on the prernises Wath the permission of the landlord after the rental agreement has tern mated and fails to give notice required umber s.83.57(3),the tenant is liable to the landlord for aro additional 1 month's rent. History._ s.3,ch.29433-309;s. 1 cls.2004-375;s.9,ch.20313-136. 83.68 Remedies;tenant holding river.- If the tenant holds over and continues in possession of the dwelling unit or any part thereof after the expiration of the rental agreernent without the perrrission of the tardtord,the landlord may recover possession of the dwelling unit in the manner provided for in s.83,59.The landlord may also recover double the amount of rent due on the dwelling unit,or any part thereof,for the period during which the tenant refuses to surrender possessiori. History.- s.2,ch,73-3313;s. 103,obi.201&136- 8169 bight of,action for possessiom- (1)if the rental agreement is termiinated and the tenant does not vacate the premises,the landlord may recover possession of the dwelling unit as provided in this section. (2)A landlord,the landlord's attorney,or the landlords agent applying for the of a tenant,shall file in the county court of the county where the premises are situated a complaint describing the dwelling unit and stating the facts that authorize its recovery.A landlord's agent is not permitted to take any action other than the initial fling of the complaint,unless the landlord's,agent is an attorney. The landlord is entitled to the sunimry procedure provided in s.51.911,and the court shall advance the cause on the calendar. (3)The landlord shall riot recover possession of a dwelling unit except. (a)In an action for possession under subsection(2)or other civil action in which the issue of right of possession is determined; (b)When the tenant has surrendered possession of the dMelling unit to the landlord; Landlord t 1 and Tenant � _ 3 acknowledge receipt of a copy of this page which is Page 14 of 1 4� (c) the tenant has abandoned the dwelling unit.In the absence of actual knowledge of abandonment,it shall be presumed the tenant has abandoned the dvvelling unit if he or she is absent from the premises for a period of time equal tot half the time for periodic rental payments.Howerer,this presumption does not apply if the rent is current or the tenant has notified the landlord,in w fang,of an intended absence:or (d)When the last remaining tenant of a dwelling unit is deceased,personal property remains on the premises,rent is unpaid,at lest 60 days have elapsed fol loawing the date of death,and the landlord has not been notified in writing of the existence of a probate estate or of the name and address of a personal representative.This paragraph does not apply to a dwelling unit used in connection with a federally adn,iNstered or regulated housing program including programs under s.202,s.221(d)( )and(4),s.236,or s.8 of the National Housing Act,as ami (4)The prevailing party is entitled to have judgment for costs and execution therefor. History,- s.2,ch.73-33Q s.1,ch.74-146;s.24,ch.82-66:s. 1,ch.92-36;s.447,ch.95-147;s. 1,ch.2007-136;s.11,ch. 013-136. 83,696 Choice of remedies upon breach or early termination by tenant.- If the tenant brew the rental agreement for the dwelling unit and the landlord has obtained a writ of possession,or the tenant has surrendered txzsession of the dwelling unit to the landlord,or the tenant has abandoned the dwelling unit,the landlord may: (1)Treat the rental agreerrent as tentinatei and retake possession for his or her own account,thereby terninating any further liability of the tenant, (2)Retake possession of the dwelling unit for the account of the tenant,holding the tenant liable for the difference between the rent stipulated to be paid under the rental agreement and what the landlord is able to recover from a reletting.If the landlord retakes possession,the landlord has a duty to exercise good faith in attempting to relet the prerrises,and any rent received by the landlord as a result of the reletting must be deducted from the balance of rent due from the tenant.For purposes of this subsection,the terra"good faith in attempting to relet the premases`"mans that the landlord uses at least the same efforts to relet the premises as si re used in the initlal rental or at least the same efforts as the landlord uses in attempting to rent other similar rental units but does not require the landlord to give a preference in renting the premises over other vacant dwalling units that the landlord owns or has the responsibility to rent; (3)Stand by and do nothing,holding the lessee liable for the rent as it conte due;or (4)Charge liquidated damages,as provided in the rental agreement,or an early teirmination fee to the tenant if the landlord and tenant have agreed to liquidated damages or an early termination fee,if the amount does not exceed 2 months rent,and if,in the case of an early termination fee,the tenant is required to give no more than 60 days"notice,as provided in the rental agreemerit,prior to the proposed date of early tenrinatio n.This remedy is available only if the tenant and the landlord,at'the time the rental agreement was made,indicated acceptance of liquidated damages or an early termination fee.The tenant must indicate acceptance of liquidated damages or an early termination fee by signing a separate addendum to the rental agreement containing a provision in substantially the following form: I agree,as provided in the rental agreement.to pay ___ (an amount that does not exceed 2 months'rent)as liquidated damages or an early terrninabon fee if I elect to terminate the rental agreement,and the landlord waives the right to seek additional rent beyond the math in which the landlord retakes possession. ® 1 do not agree to liquidated damages or an early termination fee,and l acknowledge that the landlord may seek damages as provided by law.. (a)In addition to I iquidated damages or an early termination fee,the landlord is entitled to the rent and other charges accrued through the endof the month in which the landlord retakes possession of the dwelling unit and charges for damages to the dvdling unit, (b)This subsection does not apply if the brew is failure to give notice as provided in s.83.575. History.- s.2,ch.87-369;s.4,oar.88-379;s.446„ch, 5-147;s.2,ch.2008-131, 83.60 Defenses to action for rent or possession;procedure.- (1)(a)In an action by the landlord for possession of a dwelling unit based upon nonpayment of rent or in an action by the landlord under s. 83.55 seeking to recover unpaid rent,the tenant may defend upon the ground of a material nonoon-oiance With s.83Z1(1),or may raise any other defense,whether legal or equitable,that he or she may have,induding the defense of retaliatory conduct in accordance with s. 83.64.The landlord must be given an opportunity to cure a deficiency in a notice or in the pleadings before dismissal of the action. (b)The defense of a material noncompliance with s.83.63(1)may be raised by the tenant if 7 days have el apsed after the delivery of written notice by the tenant to the landlord specifying the nor omiplianoe and indicating the Intention of the tenant not to pay rent by reason thereof.Such notice by the tenant rimy be given to the landlord,the landlord s representative as designated pursuant to s.83.50,a resident ma ,or the person or entity who collects the rent on behalf of the landlord.A material noncompliance with s.83.51(1)by the landlord is a Mete defense to an action for possession based upon nonpayment of rent,and,upon hearing,the court or the jury,as the case may be,shall determine thean-cut,if any,by Mich the rent is to be reduced to reflect the diminution in value of the dw lying unit during the perod of noncornpliance with s,83.51(3).After consideration of all other relevant issues,the court shall enter appropriate judgment. (2)In an action by the landlord for possession of a dwelling unit,if the tenant interposes any defense other than payment including,but not limited to,the defense of a defective 3-day notice.the tenant shall pay into the registry of the curt the accrued rent as alleged in the complaint or as deter-fined by the court and the rent that accrues during the pendency of the proceed ng when due.The deck shall notify the tenant of such requirement in the summons..Failure of the tenant to pay the rent into the registry of the court or to file a n-cborn to determine the amount of rent to be paid into the registry within 5 days.excluding Saturdays,Sundays,and legal holidays,after the date of service of process constitutes an absolute waiver of the tenant's defenses ether than payment,and the landlord is entitled to an inTriediate default judgment for removal of the tenant with a writ of possession to issue without further notice or hearing thereon.if a motion to detemine rent is filed documentation in support of the allegation that the rent as alleged in the complaint is in error is required.Public housing tenants or tenants receiving rent subsidies are required to deposit only that portion of the full rent for which they are responsible pursuant to the federal,state,or Icoal program In which they are partidpating, History.- s.2,oh.73-330;s.7,ch. 3-153;.s.7,ch 87-396:s.7,ch.93-256;s.7,ch,94-170;s. 3374,car.95-147's, 12,oh. 13-136. 83.61 Disbursement of funds in registry of court;prompt final hearing.- Ten the tenant has deposited funds into the registry of the court in accordance with the provisions of s.83.60(2)and the landlord is in actual dangar of kiss of the premises or cotter personal hardship Landlord and Tenant Lacknowledge receipt of a copy of this page which is Page 16 of 18 resulting from the los of rental income from the premises„the:landlord may apply to the court for disbursement of all or part of the funds or for prompt final hearing.The court shall advance the cage on the calendar.The art,after preliminary hearing,may award all or any portion of the funds on deposit to the landlord or may proceed immediately to a frim resolution of the cause. History.- s.2 ch.73-330,s.2,ch,74-146.. 83.62 Restoration of possession to landlord,- (1)In an action for possession,after entry of ludgrnent in favor of the landlord,the deck shall issue a writ to the sheriff describing the premses and commanding the sheriff to put the landlord in possession after 24 hers notice conspicuously meted on the prernises. Saturdays,Sundays,and legal holidays do not stay the 24•-hair notice period. (2)At the time the sheriff executes the writ of posses§on or at any time thereafter,the landlord or the land]ord's agent may remove any personal property found on the premises to or near the property lineSubsequent to executing the wit of possession the landlord may request the sheriff to stand by to keep the peace while the landlord changes the locks and rerrioves the personal property from the pre rises.VA-en such a request is made,the sheriff may charge a reasonable hourly rate,and the person requesting the sheriff to stand by to keep the peace shall be responsible for paying the reasonable hourty rate set by the sheriff Neither the sheriff nor the landlord or the landlord's agent shall be liable to the tenant or any other party for the loss,destruction or damage to the property after it has been re History.- s,2,ch.73-330;s.3,ch 82-66:s.5,cK 88-379;s.3,ch.94-1701 s, 1375,da.95-147 s.2,ch.W146 s.13,ch,2€13-136. 83.626 Power to award possession and eater money judgment, In an action by the landlord for possession of a dwelling unit based upon nonpayment of rent,if the court finds the rent is due,owing,and unpaid and by reason thereof the landlord is entitled to possession of the premises,the court,in addition to awarding possession of the premises to the landlord,shall dreg,in an amount Mich is within Its jurisdictional limitations the entry of a money judgment with costs in favor of the landlord and against the tenant for the amount of money found due,ting,and unpaid by the tenant to the landlord.Hower,no money judgment shall be entered unless service of process has been effected by personal service or,where authorized by law,by certifiedor registered roil,return receipt,or in any other manner prescribed by law or the rules of the court;and no money judgment may be entered except in conTatiance with the Florida Rules of Civil Procedure,The prevailing party in the action may also be awarded attorneys fees and cots. History.- s.1,ch.75-147 .8,ch.87-195;s.6,chi.W379. 83.63 Casualty damage,- If the premises are damaged t or destroyed other than by the wrongful or negligent ads of the tenant so that the enjoyment of the premises is substantially imiaaired,the tenant may terminate the rental agreement and inyrediately vacate the premises. The tenant may vacate the part of the premses,rendered unusable by the casualty,in which case the giant's liability for rent shall be reduced by the fair rental value of that part of the prernises,damaged or destroyed.If the rental agreement is terminated,the landlord shall corroy with s,83,49(3). History, s.2,ch.73.330;s.449,cin.95-147;s. 14.cth.2013-136.. 83.64 Retaliatory conduct.- (1)It is unlawful for a landlord to discrirninatority increase a tenants rent or decrease services to a tenant,or to bring or threaten to bring an action for possession or other dW action,primarily because the landlord is retaliating against the tenant.In order for the tenant to raise the defense of retaliatory educt,the tenant must have acted in good faith.Exarnples of conduct t for which u the landlord may not retaliate include,but are not Iirrited to,situations where: (a)The tenant has complained to a governmental agency charged with responsibility for enforcement of a building,housing,or health code of a suspected Violation applicable to the premises; (b)The tenant has organized,encouraged,or participated in a tenant organization; (c)The tenant has complained to the landlord pursuant to s.83.55(1); (d)The tenant is a servicernember who has terminated a rental agreement pursuant to s,83.382; (e)The tenant has paid rent to a condominium,operative,or homeowners'association after demand from the association in order to pay the landlord's obligation to the 'anon:or ( The tenant has exercised his or her rights under local,state,or federal fair housing laws, (2)Evidenoe of retaliatory conduct may be raised by the tenant as a defense in any action brought against him or her for possession. (3)In any event,this section does not apply if the landlord proves that the eviction is for good cause. a-iples of good cause include,but are not limited to,good faith actions for nonpayment of rent,violation of the rental agreement or of reasonable rules,or violation of the terms of this chapter. (4)"Dsc it ination"under this section tons that a tenant is beim treated differently as to the rent charged,the services rendered,or the action being taken by the landlord,which shall be a prerequisite to a finding of retaliatory conduct. History, s,8,ch.83-151;Sr 450,ch,95-147;s.3 ch,21703-72;s 15,ch,2013-1351, 83,67 prohibited practices,- (1)A landlord of any dwelling unit governed by this part shall not cause directly or indirectly,the termination or interruption of any utility service:furnished the tenarrt,including,but not limited to,water,heat light,electricity,cos,elevator,garbage collection,or refrigeration,. whether or not the utility service is under the control of,or payment is made by,the landord. ( )A landlord of any dwelling unit governed by this part shall not prevent the tenant from gaining reasonable access to the rowelling unit by any means„including,but not limited to,changing the locks or using any boottock or similar device. (3)A landlord of any dwelling unit governed by this part shall not discriminate against a servioemember in offering a dwelling unit for rent or in any of the terms of the rental agreement. top A landlord shall not prohibit a twat from displaying one portable,removable,cloth or plastic United States flag,not larger than 4 and 112 feet by 6 feet,in a respectful manner in or on the dwelling unit regardless of any provision in the rental agreement dealing with flags or decorations.The United States flag shall be displayed in accordance with s.83.52(6).The landlord is not liable for damages caused by a United States flag displayed by a tenant.Any United States flag,may not infringe upon the space rented by any other tenant. (5)A landlord of any dwAelling unit governed by this part shall not remove the outside doors,locks,roof,welts,or windows of the unit except for purposes of maintenance,repair,or replacerneat;and the landorrd shat!not remove the tenants personal property from the dwelling unit unless such bion is taken after surrender,abandonment,recovery of possession of the dwelling snit due to the death of the last rerrhaining rf, Landlord and Tenant , L ...I acknowledge receipt of a copy of this page which is Page 16 of 18 . t tenant in accordance with s.83.59(3)(d),or a lawfiA eviction.If provided in the rental agreement or a written agreerrient separate from the rental agreement,upon surrender or abandonmient by the tenant,the landlord is not required to comply Wth s.715.1X14 and is not liable or responsible for storage or disposition of the tenanf s personal property:if provided in the rental agreement,there must be painted or d ead y stamped on such rental agreement a legend in substantially the folloWng form: BY SIGNING THIS RENTAL AGREEMENT,THE TENANT AGREES THAT UPON SURRENDER,ABANDONMENT,OR RECOVERY OF POSSESSION OF THE MEW NG UNIT DUE TO THE DEATH OF THE LAST REMAI NI NG TENANT,AS PROMDED BY CHAPTER 83, FLORIDA STATUTES,THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENAW S PERSONAL PROPERTY, For the purposes of this section,abandonment shall be as set forth ins 83.59(3)(c). (6)A landlord vhr violates any provision of this section shall be liable to the tenant for actual and consequential damages or 3 morths' rent,whchever is greater,and costs,including attorneys fees.Subsequent or repeated violations that are not contemporaneous with the initial violation shall be subject to separate awards of damages. (7)A violation of this section constitutes irreparable harm for the purposes of Injunctive relief. (8)The remedies provided by this section are not exclusive and do not preclude the tei iant from pursuing any other remedy at IaN or equity that the tenant may have.The remedies provided by this section shall also apply to a servicemerrilber who is a prospective tenant who has been discriminated against under subsection(3). History.- s.3,cK 87-369;s.7.chi.88-379-1 s-3,ch.93-133:s-3,chL 96-1463;s.2.ch.2001-179,s.2,ch.2003-30,s,4,ch,2003-72:s.1. ch.2004-238,s.2.ch.2007-136. 83,681 Orders to enjoin violations of this part.- (1)A landlord who gives notice to a tenant of the.landlord's intent to terminate the tenant's lease pursuant to s,83.56(2)(a),due to the tenant's,intentional destruction,damage,or misuse of the landlords property may petition the county or circuit court for an injunction prohibiting the tenant from continuing to violate any of the provisions of that part. (2)The court shall grant the relief requested pursuant to subsection(1)in conformity with the principles that govern the granting of injunctive relief from threatened loss or damage in other civil cases. (3)Evidence of a tenants intentional destruction.damage,or misuse of the landlords property in an amount greater than Wce the value of money deposited with the landlord pursuant to s.83.49 or$300,Whichever is greater,shall constitute irreparable harm for the purposes of injunctive relief. History.- s.8.ch.93-255„s.451,ch.95-14T 83.682 Termination of rental agreement by a servicemember.- (1)Any cervi cemeri-ber may terrTi'rate his or her rented agreement by providing the I ard ord with a written notice of termination to be effective on the date stated in the notice that is at least 30 days after the landlords reosi pit of the notice if any of the following criteria are met (a)The servicerrernber is required,pursuant to a pem-enent change of stat[on orders,to move 35 mines or more from the loo ration of the rental premises-, (b)The servicerrember is prematurely or involuntarily discharged or released from active duty or state active duty. (c)The service is released from active duty or state active duty after having leased the rental premises while on active duty or state active duty status and the rental premises is 35 miles or more from the servicemember's home of record prior to entering active duty or state active duty (d)After entering into a rental agreement,the servicerriember receives military orders requiring him or her to move into government quarters or the servicemen-ber becomes eligible to I Ive in and opts to move into governri-ent quarters-1 (e)The servicemember receives ternporary duty orders,temporary change of station orders.or state active duty orders to an area 35 miles or more from the location of the rental premises,provided such orders are for a period exceeding 60 days;or (f)The servicemember has leased the property,but prior to taking possession of the rental prerrises,receives a change of orders to an area that Is 35 miles or more from the Iodation of the rental prernis . (2)The notice to the landlord must be accompanied by either a copy of the official military orders or a written verification signed by the service is commending officer. (3)In the event a service rnember dies during active duty,an adult member of his or her irnmedate family may terminate the servicerrierriber's rental agreement by providing the landlord with a written notice of tern nation to be effective on the date stated in the notice that is at I east 30 days after the landlord's recei pt of the notice.The notice to the landlord must be acoompa Ned by either a copy of the official military order's showing the servicerTEmber was on active duty or a voitten verification signed by the servicernerriber's commanding officer and a copy of the service es death certificate. (4)Upon termination of a rental agreement under this section,the tenant is liable for the rent due under the rental agreement prorated to the effective date of the termination payable at such time as would have otherwise been required by the terms of the rental agreement.The tenant is not liable for any other rent or damages due to the early termination of the tenancy as provided for in this section.NotvAthstanding any provision of this section to the contrary,if a tenant terminates the rental agreement pursuant to this section 14 or more days prior to occupancy,no damages or penalties of any kind WII be assessable. (5)The provisions of this section may not be waived or modified by the agreement of the parties under any d rcurristances. History.- s.6,ch.2001-179:s, 1,ch.2002-4-1 s, 1,ch,2003-3Q&5,ch.2003-7Z 83,683 Rental application by a servicerrierriber.- (1)If a landlord requires a prospective tenant to complete a rental application before residing in a rental unit,the landlord must complete processing of a rental application submitted by a prospective tenant Mo is a servicemen-ber,as defined in s.250,01,Wthin 7 days after submission and must,within that 7-day period,no*the servo in writing of an application approval or denial and,if denied,the reason for denial.Absent a firTiely denial of the rental application,the landlord must lease the renal unit to the servicernember if all other terms of the application and lease are compiled with. Landlorell A, L ...I and Tenant acknowledge receipt of a copy of this page which is Page 17 of 18 42)If a condorrinium association,as defined in chapter 718,a cooperative association,as defined in chapter 719,or a horreowners' association,as defined in chapter 720,requires a prospective tenant of a condominjurn unit,cooperative unit,or parcel within the association's control to oon'tplete a rental application before residing in a rental unit or parcel,the association must complete processing of a rental application submitted by a prospective tenant who is a servicerrxernber,as defined in s.250,01,within 7 days after submission and must,within that 7-day period,notify the servicementer in writing of an application approval or denial and,if denied,the reason for the denial.Absent firrely denial of the rental application,the association must allow the unit or parcel owner to lease the rental unit or parcel to the servicerrember and the landlord must lease the unit or parcel to the servicerrember if all other terns of the application and lease are complied with. (3)The provisions of this section may not be waived or rrodtfied by the agreement of the parties under any circumstances. Landlord and and Tenant acknowledge receipt of a copy of this page which is Page 18 of 18 BY SIGNING THIS RENTAL AGREEMENT,THE TENANT AGREES THAT UPON SURRENDER,ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES,THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY, For the purposes of this section,abandonment shall be as set forth in s. 83.59(3)(c), (6) A landlord who violates any provision of this section shall be liable to the tenant for actual and consequential damages or 3 months' rent,whichever is greater, and costs, including attorney's fees. Subsequent or repeated violations that are not contemporaneous with the initial violation shall be subject to separate awards of damages. (7) A violation of this section constitutes irreparable harm for the purposes of Injunctive relief. (8) The remedies provided by this section are not exclusive and do not preclude the tenant from pursuing any other remedy at law or equity that the tenant may have. The remedies provided by this section shall also apply to a servicemember who is a prospective tenant who has been discriminated against under subsection (3). History—s,3,ch.87-369,s.7,ch 88-379 I ch,90-133,s 3,ch.96-146,s 2,ch.2001-179:s-2,ch 2003-30-1 s,4,ch.2003-72:s, 1,ch.2004-236 s-2.ch,2007-136 83,681 Orders to enjoin violations of this part. (1) A landlord who gives notice to a tenant of the landlord's intent to terminate the tenant's lease pursuant to s, 83.56(2)(a), due to the tenant's intentional destruction, damage, or misuse of the landlord's property may petition the county or circuit court for an injunction prohibiting the tenant from continuing to violate any of the provisions of that part. (2) The court shall grant the relief requested pursuant to subsection (1) in conformity with the principles that govern the granting of injunctive relief from threatened loss or damage in other civil cases. (3) Evidence of a tenant's intentional destruction,damage,or misuse of the landlord's property in an amount greater than twice the value of money deposited with the landlord pursuant to& 83.49 or$300,whichever is greater, shall constitute irreparable harm for the purposes of injunctive relief. History.--s.8 ch 93-255 s.451,ch,95-147, 83.682 Termination of rental agreement by a servicemember. (1) Any servicemember may terminate his or her rental agreement by providing the landlord with a written notice of termination to be effective on the date stated in the notice that Is at least 30 days after the landlord's receipt of the notice if any of the following criteria are met: (a) The servicemember is required, pursuant to a permanent change of station orders,to move 35 miles or more from the location of the rental premises; (b) The servicemember is prematurely or involuntarily discharged or released from active duty or state active duty; (c) The servicemember is released from active duty or state active duty after having leased the rental premises while on active duty or state active duty status and the rental premises is 35 miles or more from the servicemember's home of record prior to entering active duty or state active duty; (d) After entering into a rental agreement,the servicemember receives military orders requiring him or her to move into government quarters or the servicemember becomes eligible to live in and opts to move into government quarters; (e) The servicemember receives temporary duty orders,temporary change of station orders, or state active duty orders to an area 35 miles or more from the location of the rental premises, provided such orders are for a period exceeding 60 days;or (f) The servicemember has leased the property, but prior to taking possession of the rental premises, receives a change of orders to an area that is 35 miles or more from the location of the rental premises, (2) The notice to the landlord must be accompanied by either a copy of the official military orders or a written verification signed by the servicemember's commanding officer. (3) In the event a servicemember dies during active duty,an adult member of his or her immediate family may terminate the servicemember's rental agreement by providing the landlord with a written notice of termination to be effective on the date stated in the notice that is at least 30 days after the landlord's receipt of the notice.The notice to the landlord must be accompanied by either a copy of the official military orders showing the servicemember was on active duty or a written verification signed by the servicemember's commanding officei,and a copy of the servicemember's death certificate. (4) Upon termination of a rental agreement under this section,the tenant is liable for the rent due under the rental agreement prorated to the effective date of the termination payable at such time as would have otherwise been required by the terms of the rental agreement. The tenant is not liable for any other rent or damages due to the early termination of the tenancy as provided for in this section. Notwithstanding any provision of this section to the contrary, if a tenant terminates the rental agreement pursuant to this section 14 or more days prior to occupancy, no damages or penalties of any kind will be assessable. (5) The provisions of this section may not be waived or modified by the agreement of the parties under any circumstances. WF.tory—s-6-Ch.2001.179:s 1,cn,2002-41 S-1-Ch.2003-30,s,5,ch 2003-72 Page 11 of 11 of the Attachment to the Residential Lease for Single Family Home or Duplex J mount FEES. Corn Tete if applicable) In addition to rent.Tenant shall pay a late charge in theea f left blab 10 da isl pard �y bleft lank, LATE t�lank, 4%of the rent payment)for each rent.payment made du 4 days atter the day it Is monthly, 1 day if rent is paid weekly). t _ dipaaij ji ..oW Tenant may not keep pets or animals on the 7, PETS AND SMOKING. 63 iii i Premises, If Tenant may keep pets,the pets described In this paragraph are permitted on the Premises. NO PE7S ALLOWED (spedfy number of pets,typeEs}.breed,maxirnurn adLtlt weight of pets,) no smoking is permitted in the Premises, 8. NOTICES. DESIREE FINKELSTEIN is Landlords ,agent. All notices roust be sent to Landlord LARANN, LLC at PO BOX 362042. MELBOURNE. FL 32936 Landlord's Agent at unless Landlord gives Tenant written notice of a Change.All notices of such names and addresses or changes thereto shall be delivered to the Tenant's residence or,If specified in writing by the Tenant,to any other address.All notices to the Landlord or the Landlord's Agent (whichever is specified above)shall be given by u9 S.snail or by hand delivery. Any notice to Tenant shall be given by U,S mail or delivered to Tenant at the Premises. If Tenant is absent from the Premises a notice to Tenant may be given by leaving a Copy of the notice at Premises. 9. UTILITIES. Tenant shall pay for all utilities services during the Lease Term and connection charges and deposits for activating existing utility connections to the Premises except for 1/2 OF THE MONTHLY WATER BILL NOT To EXCEED$517.70 , that Landlord agrees to provide at Landlord's expense(9f blank:then"NONE'). 10. MAINTENANCE. Landlord shall be responsible for compliance with Section 83.51, Florida Statutes, and shall be responsible for maintenance and repair of the Premises unless otherwise stated below: (Fill in each blank space with "Landlord" for Landlord or 'Tenant"for Tenant, if left blank,.Landlord will be responsible for the stem): LandlordfTenant Landlord/Tenant Landlord/Tenant LandlordfTenant steps 7 roofs � windows L screens doors J floors P60648iiii: A D exterior walls foundations ] plumbing 1 structural components heating hot waterru n ngg water smoke bet clocks and ytlon X electrical system devices garbage removal/outside receptacles extermination of rats, mice roaches,ants and bedbugs extermination of wood-destroying organisms lawn/shrubbery ;Q 64 P0014paloal iW6 filters(specify) ceilings interior walls Other(specify) TENANT I5 REQUIRED TO CHANGE l9/C FILTER MONTHLY AN KEEL'AIC GRATES FREE OF DEBRIS. Tenant shall notify at (name) (address) (if left blank, Landlord at Landlord's address)and of maintenance and repair requests, (telephone number) 11. ASSIGNMENT, -WoO8@0-'o0iiii 601._ 6A - Tenant may not assign the Lease or sublease all or any part of the Premises without first obtaining the Landlords written approval and consent to the assignment or sublease. 12. KEYS AND LOCKS, Landlord shall furnish Tenant 1 #of sets of keys to the dwelling N!A #of mail box keys .NiA #of garage door openers Landlord — {_,_r i1 and Tenant acknowledge receipt of a copy of this page which is Mage 3 of 18 RLN!-3x 3x Approved on A Til 15,2010, by the Supreme Court of Flonda,for use under rule 102.1(a)of the Rules Regulating the Florida Bar. Licensedto Alta star Software and 0 0-456333835.X1 MS 103592 Software and added formatting @ 20117 Alta star Software,all rights reserved.•www,attastar.com•(877)779.8898 ......... ...... ............... 27.MISCELLANEOUS. A. Time is of the essence of the performance of each party's obligations under the Lease, B. The Lease shall be binding upon and for the benefit of the heirs, personal representatives, successors,and permitted assigns of Landlord and Tenant,subject to the requirements specifically mentioned in the Lease. Whenever used,the singular number shall include the plural or singular and the use of any gender shall include all appropriate genders. C. The agreements contained in the Lease set forth the complete understanding of the pates and may not be changed or terminated orally. D. No agreement to accept surrender of the Premises from Tenant will be valid unless in writing and signed by Landlord. E. All questions concerning the meaning, exeCtttlon, construction, effect, validity, and enforcement of the Lease shall be determined pursuant to the laws of Florida. F. A facsimile copy of the Lease and any signatures hereon shall be ci:imdered for all purposes originals. G As required by law, Landlord makes the following disclosure "RADON GAS Radon is a naturally occurring radioactive gas that when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time Levels of radon that exceed federal and state guidelines have been found in buildings In Florida. Additional information regarding radon and radon testing may be obtained from your county health department. 28. BROKERS' COMMISSION. —1 Cheek and complete If applicable. The brokerage companies named below vAl be paid the commission set forth in this paragraph by -1 Landlord I Tenant for procuring a tenant for this transaction. Real Estate Licensee Meal'Estate Licensee Real Estate Brokerage Company Real Estate Brokerage Company Commission Commission 29. TENANT'S PERSONAL PROPERTY. TENANT MUST INITIAL IN THIS BOK .V, 1, OR THE FOLLOWING PROVISION TO APPLY. BY SIGNING THIS RENTAL AGREEMENT. THE TENANT AGREES T UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DMLLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT,AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANTS PERSONAL PROPERTY, The Lease has been executed by the parties on the dates indicated below. Landlords Signature,oa IREEF FaNKELsrEw,LARANN LLC bate Lattdlord�Sig re Date Landlord's Signature Date eradnfs Signature tHft; L. r R S Date Tenant's Signature Date This forma was completed with the assistance of: Name of Individual: DESIREE FINKELSTEIN - Name of Business: LAMAR REALTY CORPORATION Address: P0BOX 362042,MELBOURNE, FL 32936 Telephone Number: 561-736.9790 Landlord L and Tenant f ( 1 acknowledge receipt of a copy of this page which is Page 6 of 18 RLHD-3x ROv 7/16 Approved on April 15,2810, by the Supreme Court of FIorida.for use under ruga 10-21(a)of the Rules Regulating the Florida Bar, censer€to Alta.Sta Software and 10 D-'~56333835 XINIB 163592 Software and added formatting�D 2017 Alta Star Software,all rights reserved,•www.aUstar.com•(877)279.8898 Early Termination Fee/Liquidated Damages Addendum I agree,as provided in the rental agreement,to pay S 1,400,00 (an amount that does not exceed two months' rent)as liquidated damages or an early termination fee if I elect to terminate the rental agreement and the landlord waives the right to seek additional rent beyond the month in which the landlord retakes possession. :3 1 do not agree to liquidated damages or an early terminawn fee, and I acknowledge that the landlord may seek damages as provided by law. andlord's Signature DESIRE INKELSTEIN,LAR NN LLC Date 8 i'nd1ord!&,,1m9natGre ate Landlord's Signature Date 1 --7 C Tenants Signature 'DERiCA L. EDWARDS Date Tenant's Signature Date Landlord/r� and Tenant acknowledge receipt of a COPY Of this page which is Page 7 of IS RLH1 &�—,p ,7Tv--7FI 6—Approved on April 15,2010, by the Supreme Court of Florida,for use under rule 1 a2,1(a)of the Rules Regulating the Florida Bar. Licensed to Alta Star software and ID:D-456333835.XIMB 103592 -www.altastar,com-(877)279-8898 A UA Software and added formatting 0 2017 Alta Star Software,all rights reseryed, STkR 11. 1-